Nature of the Case
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Facts
P's predecessor in title granted to The East Ohio Gas Company the right to lay, maintain, operate, and remove a pipeline for the transportation of gas. The grantee agreed to pay any damages which might be caused to crops and fences on the land from any of those activities. The pipeline was eventually sold to D. At the present time, D is the owner of two nearby gas wells whose product are piped into the line for the use of 27 local customers. The total income to D is less than $2 per day. P purchased the land in 1925 and objected to the operation of the pipeline for the first time in 1942. The trial court ruled that the easement was an easement in gross and was therefore not assignable.
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