Murphy v. Ludowici Gas & Oil Co.

*323The opinion of the court was delivered by

Marshall, J.:

This is an action for damages for personal injury. The plaintiff recovered judgment for $12,000. The defendant appeals.

The defendant was engaged in drilling for gas in Montgomery county, Kansas, and had laid an inch gas pipe line from a gas well on near-by premises' to its drilling machinery. This pipe was laid on the surface of a public highway, about seven feet from a hedge fence on the west side of the highway. On the east side was a wire fence. The road was about forty feet wide, about twenty feet of which, in the center, had been…