State ex rel. Coleman v. Kansas Natural-gas, Oil, Pipe-line & Improvement Co.

The opinion of the court was delivered by

Greene, J.:

This is an original proceeding in quo warranto, brought on the relation of the attorney-general against the Kansas Natural-gas, Oil, Pipeline and Improvement Company, a private corporation organized under the laws of Kansas for the transportation and distribution of gas for light, fuel, and power, to oust it from burying its pipe-lines in the public highway. The defendant bases its claim of right thus to occupy the public highway on permission obtained from the abutting fee-owners. The gas company has filed a motion to dismiss this…