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Kimble v. Wetzel Natural Gas Co.

134 W. Va. 761, 61 S.E.2d 728 (1950)

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Kimble v. Wetzel Natural Gas Co.

West Virginia Supreme Court of Appeals
134 W. Va. 761, 61 S.E.2d 728 (1950)

Facts

In July 1924, John and Minnie Kimble and James and Eva Murphy leased the mineral estate in two adjoining tracts of land to Wetzel Natural Gas Company (Wetzel) (defendant) for the purpose of drilling and operating for natural gas. The lease provided that the Kimbles and Murphys would have 150,000 cubic feet per year of free gas for residential heating and lighting purposes in one house on or off the leased premises after the completion of one gas well on either of the tracts. Wetzel subsequently assigned the lease to the Browns Run Gas Company (Browns Run), which drilled a producing gas well on one of the tracts of leased land. Browns Run subsequently assigned the lease to J. S. Church. The Kimbles and their successors in interest, Charles and Blanche Kimble (plaintiffs), allegedly received free gas for their house until 1949, when Wetzel disconnected the house from the gas-service line. Charles and Blanche Kimble sued Wetzel in West Virginia state court, seeking an injunction requiring Wetzel to provide 150,000 cubic feet per year of free natural gas for their residential heating and lighting. The trial court issued the injunction, and Wetzel appealed.

Rule of Law

Issue

Holding and Reasoning (Lovins, C.J.)

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