Helton v. Luse & Fosdick Drilling Co.

GRISSOM, Justice.

R. S. Helton instituted this suit against Luse & Fosdick Drilling Company to recover “permanent damages” to a 163-acre tract of land. Plaintiff .lived on said tract and had long been engaged there in farming and stock raising. It was alleged that plaintiff’s said farm was traversed by a stream known as Trent Branch; that said stream entered plaintiff’s farm on its northwest corner and flowed across said farm in a southeasterly direction; that -said stream was a “stream” or “water course” in the sense that said terms are used in Art. 698a of the Vernon’s Ann. Penal Code of…