Elk Horn Coal Corp. v. Kentucky-West Virginia Gas Co.

CULLEN, Commissioner.

The Elk Horn Coal Corporation brought ■action against Kentucky-West Virginia -Gas Company and a construction company working under contract with the gas company, to enjoin the construction of a gas pipe line ■across some 48 tracts of land on which the coal corporation holds coal leases. Temporary injunctive relief was sought but was not obtained, and the pipe line was sub- ' stantially completed pending the action.

The parties made a stipulation concerning the title papers covering 10 of the tracts involved, and the case was submitted as to those 10 tracts, with the view…