Phoenix v. Graham

Plaintiffs, George Kenneth Phoenix and Enola Phoenix, are the owners of a farm of 128 acres. In 1940 they executed an oil and gas lease as to 40 acres, on which drilling brought in four producing wells. The wells also produced salt water, which was separated and deposited in pits dug for the purpose. In 1945 the defendants, Herman Graham and W. E. McCluskey, acquired the oil lease and continued operating for about 5 more years, then plugged and abandoned the wells.

In 1951 the plaintiffs filed this suit for damages, alleging that water wells on the farm had been contaminated with salt water,…