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LO-VACA GATHERING CO. v. MISSOURI-KANSAS-TEX. R. CO.

No. 11866.

476 S.W.2d 732 (1972)

LO-VACA GATHERING COMPANY, Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 1, 1972.

Attorney(s) appearing for the Case

W. T. Blackburn, Corpus Christi, for appellant.

Graves, Dougherty, Gee, Hearon, Moody & Garwood, Dan Moody, Jr., Austin, for appellee.

O'QUINN, Justice.

Decision in this case turns upon whether a pipeline company has the right to install its pipes across a railroad right of way without first obtaining consent of the railroad or first obtaining such right by condemnation.

About two months before this lawsuit was instituted Lo-Vaca Gathering Company, the appellant, sought permission of Missouri-Kansas-Texas Railroad Company, the appellee, to cross the railroad company's right of way with a...

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