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Elliff v. Texon Drilling Co.

146 Tex. 575, 210 S.W.2d 558, 4 A.L.R.2d 191 (1948)

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Elliff v. Texon Drilling Co.

Texas Supreme Court

146 Tex. 575, 210 S.W.2d 558, 4 A.L.R.2d 191 (1948)

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Facts

The Elliffs (plaintiffs) owned the surface and mineral rights to 3,000 acres that overlaid a part of a large reservoir of oil and gas. They received royalties from an oil well on the property. About half of the reservoir lay under the adjoining land, owned by Clara Driscoll. Texon Drilling Co. (Texon) (defendant) was engaged in drilling a well on Driscoll’s property. One day the Driscoll well blew out and a large amount of gas, distillate, and oil from the shared reservoir blew into the air. In addition, the hole that the Driscoll well created soon expanded and enveloped and destroyed the Elliffs’ well. The Elliffs brought a negligence suit to recover damages for their lost gas and distillate. The lower court found in favor of the Elliffs, but the Texas Court of Civil Appeals reversed. The Supreme Court of Texas granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Folley, J.)

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