Kelley v. The Ohio Oil Company

49 N.E. 399 (1897)

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Nature of the Case

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Facts

P had a contract with John F. Hastings, a property owner, to operate the land for oil. D, an adjoining property owner also sought to drill for oil on its land. To get oil at that time you had to drill wells 500 feet apart as the well drew from a radius of 250 feet. D was drilling wells 25 feet from Hastings’ property line. P claimed that that in view of the well-known tendency of said wells to drain a large extent of territory immediately surrounding them, it is the custom and almost universal practice of oil operators when operating adjoining lands, to locate their wells at least two hundred feet from the line of lands, in order that so far as reasonably practicable, each operator's well shall draw its supply from his own land, and not unnecessarily disturb or detract from the oil mineral wealth of the adjoining lands. P filed an action for a temporary restraining order against D alleging that D's intention to drill oil on land so close to his property owner's land was unlawful. The trial court denied P's petition for a temporary restraining order against D from drilling oil on its land. P appealed.