Williams v. Amoco Production Company
Supreme Court of Kansas
734 P.2d 1113 (Kan. 1987)
Natural gas from wells drilled and operated by Amoco Production Company (Amoco) (defendant) leaked into irrigation water owned by Earl, Loretta, and Don Williams (plaintiffs). As a result, the plaintiffs were unable to produce water at the same rate as prior to the leak. The plaintiffs brought suit against Amoco under the theories of strict liability and nuisance. The trial court instructed the jury on strict liability, but declined to instruct the jury on nuisance. The jury found in favor of the plaintiffs. Amoco appealed, arguing that the jury should have been instructed on negligence rather than strict liability. The plaintiffs countered that if Amoco was granted a new trial, the jury should be instructed on nuisance.
Rule of Law
Holding and Reasoning (Herd, J.)
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