Kelly v. Ohio Oil Co.

49 N.E. 399 (1897)

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Kelly v. Ohio Oil Co.

Ohio Supreme Court
49 N.E. 399 (1897)

SC
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Facts

John Hastings owned a tract of land in Ohio. The plaintiff had a contracted-for right to the oil under Hastings’s land. Ohio Oil Co. (OOC) (defendant) owned vast tracts of land surrounding Hastings’s land. OOC built oil wells on its land only 25 feet from Hastings’s land. The plaintiff brought suit, claiming that OOC’s motive in building its wells so close to Hastings’s land was to extract oil from Hastings’s land. The Circuit Court of Hancock County dismissed the suit for failure to state a cause of action against OOC. The plaintiff appealed.

Rule of Law

Issue

Holding and Reasoning (Burket, C.J.)

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