Banach v. Home Gas Co.

The defendant has laid a natural gas.pipe line four feet under the ground across plaintiff’s lands. The installation is complete, although over plaintiff’s protest. The defendant claims a right pursuant to an easement to lay and maintain such a pipe line, although coneededly it is not used for the transmission of gas produced from or under plaintiff’s lands, but is used for the transmission and storage of gas produced elsewhere. Plaintiff contends that the laying of a pipe line for such purposes is not included in its easement; that the easement conveyed to it was nonassignable, and that, in…