Energy Transportation Systems, Inc. v. Kansas City Southern Railway Co.

LAVENDER, Justice:

This is an action for declaratory judgment determining the right of the owner of a right-of-way easement in lands lying beneath a railroad right-of-way to cross under the railroad right-of-way in constructing and maintaining a coal slurry pipeline within the confines of the right-of-way beneath the railroad right-of-way, and to quiet title in said coal slurry pipeline right-of-way as against the railroad.

Kansas City Southern Railway Company filed two appeals, being Nos. 52,680 and 52,-681 in which Fort Smith and Van Burén Railway Company was joined in case No. 52.680.…