Legal Opinion

Paines Gdn. v. Calor Oil & Gas Co.

Court of Appeals of Kentucky

Decided June 26, 1907PublishedCited by 7 opinions

Appeal from Jefferson Circuit. Court (Chancery Branch, First Division). Shackelford Miller, Judge-. From the judgment denying relief, complainants appeal.

1Opinion of the Court

Opinion op the Court by

Chief Justice O’Rear

Reversing.

The fiscal cour-t of Jefferson county granted to appellee the right to lay its pipe lines for conveying natural gas from its field in Meade county to Louisville, Ky., under a certain public highway in the county. The county owned only the easement for the public travel in the. highway. The fee wias owned, as to particular parts of it,-by appellants, the abutting owners. The question for decision in this case is whether the use of the highway by appellee’s gas line is an additional servitude upon appellants’ estate, land argument is made…

2Cases cited4 opinions

  1. Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
  2. Louisville Bagging Manufacturing Co. v. Central Passenger Railway Co.Court of Appeals of Kentucky · 1893
  3. Cumberland Telephone & Telegraph Co. v. AvrittCourt of Appeals of Kentucky · 1905
  4. Ward v. Triple State Natural Gas & Oil Co.Court of Appeals of Kentucky · 1903

3Cited by7 opinions

  1. Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
  2. Calor Oil & Gas Co. v. FranzellCourt of Appeals of Kentucky · 1908
  3. Fitzpatrick v. WardenCourt of Appeals of Kentucky · 1914
  4. Fox v. Ohio Valley Gas Corp.Indiana Court of Appeals · 1968
  5. Kentucky & West Virginia Power Co. v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1929

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