PAN AMERICAN GAS COMPANY v. Lobit

On Motion for Rehearing

PEDEN, Justice.

We withdraw from our opinion in this cause our statement that Lobit could not “build, create, construct or permit to be built, created or constructed, any obstruction, building, lake engineering works or other structure over or on the right-of-way.”

Appellee admits that as to the value of the 1.33 acres in the easement area his voluntary remittitur should have amounted to $329. but that by error he remitted only $229. He has now voluntarily remitted in writing the additional sum of $100.; the judgment of the trial court is ordered to be reduced by $100. and, as thus reformed, is affirmed.

Appellant’s motion for rehearing is overruled.