Flying Diamond Corp. v. Rust

CROCKETT, Justice:

Plaintiff, the Flying Diamond Corporation, lessee of oil and gas rights on the property of the defendants, Anthon and Ona Rust, sued to restrain them from interfering with the plaintiff’s oil drilling operation. Defendants counterclaimed for damage to their land. Following a plenary trial, the court refused to grant the plain tiff’s request for an injunction and awarded defendants $16,542 on their counterclaim. Plaintiff appeals, contending that as oil and gas lessee it is not liable for damages to the surface reasonably necessary to the extraction of oil and gas; that the…