Home Ins. Co. of New York v. I. R. & G. Co.

KENNON, Judge.

A Farmall Tractor owned by L. P. and J. T. Osterland was destroyed by fire on October 16, 1947. Plaintiff, insurer and subrogee of the Osterlands, filed this suit against defendant for the value of the tractor destroyed. In the petition plaintiff set ■forth that the defendant owned and operated a two and one-half inch natural gas pipeline across the Osterland field, and that the cause of the destruction of the tractor was the fact that the pipeline was not buried below plow depth at the point where the accident occurred. A subsequent paragraph alleged that the line was…