Town of Amherst v. Tide Water Oil Sales Corp.

Judgment reversed on the law and new trial granted, with costs to the appellant to abide the event. Memorandum: The pipe line used for the conveyance of gasoline from railway tank ears to the storage tanks of the defendant’s filling station was not a nuisance as matter of law where it crossed the village highway. The fee of the road where the pipe line was laid was not owned by the municipality having jurisdiction of the locality. No legislative enactment required a permit as a prerequisite to the construction of such a pipe line in or across a highway of the village where the pipe line was…