Independent Eastern Torpedo Co. v. Carter

FUNDERBURK, Justice.

J. F. Carter sued Independent Eastern Torpedo Company to recover damages alleged to have been caused by negligence of the defendant in shooting an oil well belonging to the plaintiff. The alleged negligence of the defendant consisted of the use of too short a fuse on the exploding squib; the use of too large a flag (to guide the descent of the squib), and the placing of too much water in the well so that it came up above the bottom of the casing.

The defendant alleged three grounds of contributory negligence. In a jury trial judgment upon the verdict of the jury in favor of…