Joseph McKenna

“ The facts are not much in dispute. The company is an interstate common carrier and its line runs through the limits of the city of Enid, Garfield county, state of Oklahoma. Within the city there are six parallel tracks which run nearly from the north to the south, bearing as they proceed a little to the west. At the south end, near their termination, are located coal chutes, into the pockets or tipples of which coal is shoveled from cars set on the chutes for the use of all engines, local and interstate. ”

“ The company shall keep a record of all coal delivered, and shall make settlements and pay the contractor for handling the coal upon the basis of such handling, and the contractor shall make daily reports of the cars unloaded by him, and shall receive, collect, and deliver to the duly authorized representative of the company a ticket from each engineman, hostler, or other employee, showing the number of tons of coal delivered to any engine ”

“ In the first contract the railroad company is party of the first part and Turner party of the second part and is called 'contractor.' The covenants of one are made the consideration for the covenants of the other, and Turner, as contractor, agrees first 'to furnish all the labor required and necessary to handle; and (a) to handle all the coal required by the company at Enid, from either open or closed cars, or both, and to place the same in coal-chute pockets of the company ”