[DOWNLOAD] "Trinity Production Co. v. Bennett" by Amarillo No. 6309 Court of Civil Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Trinity Production Co. v. Bennett
- Author : Amarillo No. 6309 Court of Civil Appeals of Texas
- Release Date : January 11, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
PITTS, Chief Justice. This is an appeal from a judgment based upon a jury verdict awarding property damages in the sum of $350 by reason of the accidental death of a cow on the range when she got her head caught in a moving oil well pump. On May 22, 1934, L. P. Bennett and wife Ruth Bennett, then owners of the section of land in question situated in Yoakum County, Texas, executed an ordinary oil and gas lease in the usual form on the said land to Ralph W. Leftwich. The said lease has since been continuously operative but the son of the lessor, Gene Bennett, appellee herein, succeeded his parents in fee simple title to the said land and the Trinity Production Company, appellant herein, succeeded Ralph W. Leftwich as owner of the oil and gas lease thereon. There has been oil and gas production on the said land since the early forties. The oil well over which the pump in question was in operation had been commercially producing since its completion in 1943 and on April 14, 1952, the date appellee's cow got caught in the said pump and was killed as a result thereof, the said well belonged to appellant, Trinity Production Company, and for a period of two years prior to the accidental death of the cow the production had necessarily been drawn from the said well by the use of the said pump. Since 1945 appellee, Gene Bennett, had been using the surface of the land in question for grazing purposes and was acquainted with the oil operations thereon.