Amerada Hess Corp. v. Iparrea

OPINION

PRESLAR, Justice.

Appellee brought this suit against Appellants for damages sustained when Appel-lee’s sheep consumed oil which had escaped from Appellants’ well. The jury, in response to special issues, found Appellants guilty of negligence, found damages in the sum of $50,368.74, and judgment was entered for that amount. We are of the opinion that the judgment should be reversed and rendered.

Appellants were producing oil on the premises involved under an oil and gas lease, and Appellee was using the premises under a grazing lease of the surface. Appellants’ oil and gas lease and…