Nature of the Case
To access this section all you need to do is click here and register.
Facts
General (D) had been employed by Skelly Oil Company to perform certain geophysical operations for the purpose of securing information relative to the sub-surface structure of lands. This was accomplished by boring holes in the ground and placing dynamite or other explosives therein, which were caused to explode; at various distances from these 'shot-holes,' receiving instruments called seismometers, or jugs, were placed, which received vibrations caused by the explosions at the 'shot-points' and transmitted them through a cable to a recording truck, and that by interpretation of these vibrations, the depth points below such receiving instruments were determined. P was the owner of 339 acres of land in the vicinity of these operations. An agent of D requested P's permission to conduct geophysical operations on his land. P refused. The trial court found that Ds nor their agents or employees went upon or 'shot' any part of P's land, and that they did not place any 'shot-point,' receiving set, or recording trucks on any part of said land, but that it did 'shoot' land near P's land, one of such 'shots' being within 10 or 15 feet of the boundaries thereof, but that on no occasion of such 'shooting' did a straight line running from such 'shot-point' to a 'receiving set' or 'jug' cross any part of P's land. Shots and receiving sets were placed along or on a public road or highway adjoining the land at distances of 150 feet apart. P was subject to noise and vibrations from the shots. P sued Ds for trespass. The court found that there was no evidence introduced as to the extent and intensity of either the horizontal or vertical vibrations emanating from the explorations at the 'shot-points' except that the vertical vibrations going straight down and back to the receiving sets were sometimes sufficient to be received by the 'jugs' several hundred feet away from the points of 'shooting'; and that it is a physical impossibility to control or govern the direction of the vibrations emanating from the explorations at the 'shot-point.' There was no evidence that P suffered any physical damage to his land. Ds testified that they gained no information from P’s land as to the sub-surface formation and the probable presence or absence of oil, gas, or other minerals. The court found for Ds. P appealed.
Support@ bsmsphd.com
Casebriefs Co