MAGNOLIA PIPE LINE COMPANY v. COWEN

No. 42632.

477 P.2d 848 (1970)

MAGNOLIA PIPE LINE COMPANY now Mobil Pipe Line Company, Plaintiff in Error, v. Link COWEN d/b/a Link Cowen Construction Company, Centrex Construction Company, Inc., Metropolitan Paving Company, Inc., Bob Hussey, Gill Construction Company, a corporation, and William Gill, Jr., Defendants in Error.

Supreme Court of Oklahoma.

December 8, 1970.


Attorney(s) appearing for the Case

S.M. Groom, Jr., Robert W. Richards, Oklahoma City, Charles B. Wallace and Donald G. Canuteson, Dallas, Tex., for plaintiff in error.

C.J. Watts and John B. Hayes, Watts, Looney, Nichols & Johnson, Oklahoma City, for defendants in error.


McINERNEY, Justice:

The Defendant contractors-subcontractors damaged Plaintiff's underground pipeline while they were engaged in construction work at Tinker Air Force Base, Oklahoma. The actual damage occurred when one of their digging or bulldozing machines, called a "ripper," struck the pipeline and caused a dent or stricture therein. Plaintiff did not discover the damage until some months later, when a "scraper" or internal...

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