State Highway Commission v. Panhandle Eastern Pipe Line Co.

The opinion of the court was delivered by

Burch, J.:

The action is one of mandamus, commenced by the state highway commission, to require the pipe-line company to adjust its pipe lines and other structures to highway needs.

The parties have collaborated in a most commendable manner in preparation of the motion for the alternative writ and the answer. Issues of fact have been eliminated, and the highway commission’s motion for judgment on the pleadings raises the legal question on which the parties differ. A summary of the pleadings sufficient to indicate the nature of the controversy follows.

The…