Kerby v. Prairie Pipe Line Co.

* Corpus Juris-Cyc References: Pleading, 31Cyc, p. 702, n. 28; Trespass, 38Cyc, p. 996, n. 16; p. 1078, n. 85; p. 1079, n. 92; p. 1115, n. 4; p. 1121, n. 65; p. 1124, n. 94; p. 1154, n. 93; p. 1155, n. 10. Action to recover damages to real estate. The petition was in two counts. A demurrer to the evidence as to the second count was sustained by the trial court. Plaintiff recovered judgment on the first count and defendant appealed.

Defendant is a corporation, engaged in the business of transporting crude oil from the oil fields in Kansas, Oklahoma and Texas to its refineries in the State of…