GREEN CONST. CO. v. CHICAGO, R. I. & P. RY. CO.

No. 753.

65 F.2d 852 (1933)

GREEN CONST. CO. v. CHICAGO, R. I. & P. RY. CO.

Circuit Court of Appeals, Tenth Circuit.

June 21, 1933.


Attorney(s) appearing for the Case

Walter D. Hanson, of Oklahoma City, Okl. (F. A. Rittenhouse and John F. Webster, both of Oklahoma City, Okl., on the brief), for appellant.

John Barry, of Oklahoma City, Okl. (W. R. Bleakmore, W. L. Farmer, and Robert E. Lee, all of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges.


PHILLIPS, Circuit Judge.

On October 1, 1929, the Construction Company entered into a contract with the city of Oklahoma City to construct two storm sewers in the vicinity of a trestle maintained by the M. K. & T. Railway Company over an old channel of the Canadian River in such city. In constructing a new line of railroad across the M. K. & T. Company's right-of-way, the Rock Island Company had laid a 48-inch drain tile in the old channel under such trestle...

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