Torts Keyed to Henderson
Turner v. Big Lake Oil Co.
Facts
Big Lake Oil Co. (Defendant), an operator of oil wells, constructed large artificial earthen ponds in which they ran salt water runoff from the wells. The salt water escaped from the ponds and passed over, and injured, the lands of Turner (Plaintiff) and other landowners. Additionally, the salt water flowed into natural waterways that provided water for Plaintiff’s livestock. Plaintiff and others sued based on negligence against Defendant for allowing the levees and dams of the ponds to break, causing the salt water to escape and cause damage. At trial, a jury did not find Defendant negligent in its conduct. Plaintiff appealed. The court of civil appeals affirmed and held that a finding of negligence is a prerequisite to allow Plaintiff to recover. Plaintiff appealed to the state’s supreme court.
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