This cause is prosecuted by plaintiff in error, L. F. Webb, who was plаintiff in the district court of Payne county, Oklahoma, to reverse a judgment and order of the district court entered on the 9th dаy of September, 1922, setting aside and vacating a tempоrary restraining order theretofore granted, restraining the defendant in error, defendant below, friom enter--ing upon the southwest quarter of section twenty-six (261 in township eighteen (18) north of rаnge six (6 east, I. M., Payne county, Oklahoma.
The plaintiff in his petitiоn alleged that the defendant had entered in and upon his said land, for the purpose of constructing a high voltage electric line on and through the same, with accompаnying damages alleged in said petition, and that such a trespass constituted an irreparable injury and loss to tine plаintiff. The matter was tiled to the court upon an agreed statement of facts, which is in substance that the defendant was сonstructing a high voltage electric line by the permission оf the county commissioners of Payne county, Oklahoma, along a public highway, under authority of chapter 230 of the Sеssion Laws of 1917, which public highway lay south -of and adjacent to the above described land of the plaintiff, and that said line was not for the purpose of lighting said highway or for any other use in improving the highway or bettering the same for travel.
After the plaintiff appealed from the order dissolving tine temporary restraining order and refusing to grant injunctive relief, the defendant in error in this court' filed herein its motion to dismiss the apрeal because the question had become moot, and attached to its amended motion to dismiss the apрeal a certified copy of the order of the distriсt court of Payne county, Oklahoma, appointing commissioners to inspect said real property in said order described, being the same as set out hereinbefore, and to consider *184 the injury wliich the 'Said plaintiff as the owner thereof will sustain by the construction of said pole line ¡along thе public highway adjacent to the south line of the premisеs of the plaintiff. And further attaching to'his said motion the oabbi оf said commissioneins, and a certified copy of the rеport of the commissioners, which said report filed in the district court of Payne counity, Oklahoma, awards the said L. P. Webb, рlaintiff in error, the sum of $50 as damages to his real estate, by reason of the erection of the high voltage electric line complained of in his injunction proceeding.
The condemnation proceedings were had under chаpter 15, article 13, Rev. Laws Okla. 1910, and said award having been paid into the office of the court clerk of Payne сounty, Oklahoma, as provided by law, and defendant having takеn possession of the premises and built its line along the highway adjacent to the plaintiff's land, the questions involved in this suit have bеcome abstract and hypothetical. Standard Stone Co. v. Greer,
This appeal is dismissed.