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BANACH v. HOME GAS CO.

12 A.D.2d 373 (1961)

Antonina Banach, Appellant, v. Home Gas Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 6, 1961.

Attorney(s) appearing for the Case

Knapp & Knapp (Charles P. Knapp of counsel), for appellant.

Hinman, Howard & Kattell (C. Addison Keeler of counsel), for respondent.

BERGAN, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.

COON, J.

The defendant has laid a natural gas pipe line four feet under the ground across plaintiff's lands. The installation is complete, although over plaintiff's protest. The defendant claims a right pursuant to an easement to lay and maintain such a pipe line, although concededly it is not used for the transmission of gas produced from or under plaintiff's lands, but is used for the transmission and storage...

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