Freeport Brick Co. v. Equitable Gas Co.
Freeport Brick Co. v. Equitable Gas Co.
Opinion of the Court
Plaintiff, by its bill, seeks to restrain defendant from appropriating, under the latter’s power of eminent domain, a right-of-way over the former’s land, for the purpose of laying down thereon a pipe line for the transportation of natural gas. The court below refused a preliminary injunction and this appeal followed. Plaintiff contends that defendant, having, through contracts with it and its predecessors in title to the land, secured rights-of-way over portions of the property for pipe-line purposes, is now estopped from condemning additional rights over other parts under its power of eminent domain. We find no violation of either of the contracts entered into by defendant with the landowners for rights-of-way previously acquired and in the present proceeding defendant has filed a bond to indemnify plaintiff against loss and complied with all requirements of the law applicable in condemnation proceedings. We have
The decree is affirmed at costs of appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.