Tennessee Gas & Transmission Co. v. Jackman

VAN SANT, Commissioner. The action was instituted by appellant to condemn a right of way fifty feet (50) in width and one thousand one hundred and thirty two feet (1132) in length, across the land of appellees in Barren county for the purpose of constructing, patrolling, and maintaining a twenty six inch (26") gas and oil pipe line extending from Corpus Christi, Texas to a point near Charleston, West Virginia. The pipe line in question is the same as that for which property was condemned in Rogers v. Tennessee Gas and Transmission Co., 304 Ky. 863, 202 S.W.2d 737. In the opinion in that case the instructions given by the Trial Court were set out in full. Those instructions were followed verbatim by the Trial Court in the instant case, except as to distances, acreage, and limits within which damages might be awarded by the jury. Under instruction No. 4, the jury awarded appellees the sum of $500 as the fair and reasonable cash value of the easement in the strip of land taken and an additional $500 for damages resulting to the remainder of appellees property by reason of the situation in which it has been placed by the easement going through the farm. Under instruction No. 5, the jury made the following finding; We the jury find for instruction No. 5, nothing either way.