Ward v. Triple State Natural Gas & Oil Co.
Court of Appeals of Kentucky
Case 86 — Action by David Ward v. Triple State Natural Gas and On. 'Company to Recover Compensation for Laying Gas Pipe Under His Land. APPEAL FROM MARTIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This action was brought to recover damages; against appellee for the wrongful entry upon and digging a iditdb, and laying its pipe-line across appellant’s land, without appellant’s consent.
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Case 86 — Action by David Ward v. Triple State Natural Gas and On. 'Company to Recover Compensation for Laying Gas Pipe Under His Land. APPEAL FROM MARTIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This action was brought to recover damages; against appellee for the wrongful entry upon and digging a iditdb, and laying its pipe-line across appellant’s land, without appellant’s consent. Our contention is: 1. That there was no sufficient denial in tbiei answer of appellee’s title to the land. 2. That the possession of this appellant coupleld with his deed, gave Mm ia right to…
1Opinion of the Court
Opinion of the court by
JUDGE O'REAR
Reversing.
Appellant was the owner of certain lands over which he had granted an easement to the public to maintain a highway. This grant was in the nature of a contract, made in 1887 with the fiscal court of Martin county. Its material part, so far as the question here is involved, is as follows: “Whereas the public road or a portion of same running over the land of first parties has washed away, and all par*726ties being desirous of procuring a road for the public, and in order to get a road for immediate use for the public, the first parties this day bargained…
2Cases cited1 opinion
- Kincaid v. Indianapolis Natural Gas Co.Indiana Supreme Court · 1890
3Cited by4 opinions
- White v. Salt Lake CityUtah Supreme Court · 1952
- Cumberland Telephone & Telegraph Co. v. AvrittCourt of Appeals of Kentucky · 1905
- Paines Gdn. v. Calor Oil & Gas Co.Court of Appeals of Kentucky · 1907
- Kentucky & West Virginia Power Co. v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1929