Midland Valley R. v. Railway Express Agency, Inc.

BRATTON, Circuit Judge.

This is an action at law instituted by Railway Express Agency, Inc., hereinafter called the express company, against Midland Valley Railroad Company, hereinafter called the railroad company, to recover the cost, less depreciation, of three buildings erected on land of the railroad company by the express company or its predecessor in interest, such buildings being located respectively at Muskogee, Pawhuska, and Tulsa, Oklahoma. The express company prevailed, and the railroad company appealed.

It is urged that the petition failed to state and the evidence failed to…