Scurlock Oil Company v. Three States Contracting Company, Inc.

Alleging that on July 7, 1956, in Cass County, Texas, plaintiff’s pipeline was, as a result of the negligent operation of a bulldozer by defendant’s employees, struck and burst, permitting quantities of oil to escape, appellant, plaintiff below, sued to recover the damages resulting therefrom.

Alleging further that: plaintiff first filed its suit on December 9, 1957 in the United States District Court for the Western District of Louisiana; it was there dismissed on the ground that it was barred by the Louisiana one year prescription statute, LSA-R.S. 9:5603; and that within sixty days after…