Magnolia Pipe Line Company v. Cowen

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 cleaning device, which had been inserted into the pipeline at Ft. Worth, Texas, failed to appear on schedule at the pipeline’s Oklahoma City terminus. Upon search and…