Concho Const. Co., Inc. v. Oklahoma Natural Gas Co

PICKETT, Circuit Judge.

This is an action by the Concho Construction Company, Inc., a corporation, to recover damages from the Oklahoma Natural Gas Company, a corporation, for the destruction and loss of use of plaintiff’s caterpillar bulldozer. The loss occurred when an employee of Concho was using the machine to build a firebreak on what appeared to be the right of way of Highway 66 east of the town of Britton, Oklahoma. The bulldozer struck and broke off a riser which extended upward from the gas company’s pipe line to within two inches of the surface of the ground and caused gas to escape…