Hiatt v. Wichita Natural Gas Co.

Citations

• 108 Kan. 472
• 196 P. 448
• 1921 Kan. LEXIS 199

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Maintenance of Pipe Line and Telephone Line Across Farm Lands■ — Contract Interpreted. In an action for damages resulting from the maintenance of a pipe line and telephone line under a grant of a right of way with respect thereto it is held that</p> <p>(1) An agreement to pay for any resulting injury to crops does not impose a liability on account of the frightening of grazing cattle so that they will not eat the grass;</p> <p>(2) A subsequent agreement on the' part of the grantee of the right of way not to exercise the right given until after the grazing season is not enforceable unless supported by a new consideration;</p> <p>(3) A provision that the right of way is for one line only, following a grant of a right to construct pipe lines and telephone lines, is to be interpreted as permitting the construction of one pipe line and one telephone line.</p>