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United Fuel Gas Company v. Sherman

Court of Appeals of Kentucky
Nov 12, 1954
272 S.W.2d 817 (Ky. Ct. App. 1954)

Opinion

November 12, 1954.

Appeal from Circuit Court, Greenup County; J.R. Sowards, Judge.

J.K. Wells, Paintsville, for appellant.

Thomas E. Nickel, and Oscar Sammons, Greenup, for appellees.


The appellant instituted this action to condemn a right of way 1093 feet in length, comprising 2.28 acres, across a part of appellees' sixty acre tract of land in Greenup County for a pipe line easement. The right of ways for other portions for the pipe line were involved in United Fuel Gas Company v. Mauk, 272 S.W.2d 810 and United Fuel Gas Company v. Hieneman, 272 S.W.2d 813.

The commissioners' award of $375 for the easement area was increased on appeal to the Greenup Circuit Court, where judgment was rendered for $2,000 — $800 for the easement area and $1,200 for resultant damages to the remainder of the tract. The only question on the trial below was the question of damages.

The facts are essentially the same and the questions involved herein are almost identical with those involved in two above cited cases.

Therefore, for the reasons given in, and upon the authority of, United Fuel Gas Company v. Mauk, 272 S.W.2d 810 and United Fuel Gas Company v. Hieneman, 272 S.W.2d 814 the motion for an appeal is granted and the judgment is reversed.


Summaries of

United Fuel Gas Company v. Sherman

Court of Appeals of Kentucky
Nov 12, 1954
272 S.W.2d 817 (Ky. Ct. App. 1954)
Case details for

United Fuel Gas Company v. Sherman

Case Details

Full title:UNITED FUEL GAS COMPANY v. W.C. SHERMAN et al

Court:Court of Appeals of Kentucky

Date published: Nov 12, 1954

Citations

272 S.W.2d 817 (Ky. Ct. App. 1954)

Citing Cases

United Fuel Gas Co. v. Mauk

The judgments entered in the circuit court on the former trials of these cases were reversed by this Court…