Landers v. East Texas Salt Water Disposal Co.

248 S.W.2d 731 (1952)

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Nature of the Case

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Facts

P was the owner of a small lake which he had drained, cleaned and stocked with fish at considerable expense. D was the owner of a pipeline which traversed land adjoining P's land. The pipe broke and from 10,000 to 15,000 barrels of saltwater escaped from the line and into P's lake, killing his fish. P also alleged that the Sun Oil Company (D1) was the owner of an oil well, located a short distance from P's property line, from which D1 pumped small quantities of oil and large quantities of salt water each day. It broke as well permitting large quantities of oil and salt water to escape and run into the branch and thence into P's lake, killing his fish and otherwise injuring and damaging him. The trial judge severed the cases against each defendant. P excepted to the action of the court and declined to replead his case. His cause of action for damages was thereupon dismissed. P appealed.