Franklin Drilling Co. v. Jackson

I concur in the affirmance of the judgment against the Ohio Oil Company, but cannot agree with the majority opinion in affirming the judgment against Franklin Drilling Company.

The basis of the latter affirmance is declared to be that the positive duty imposed by Tit. 52 O. S. 1941 §296, upon the operator is also imposed upon the drilling company. Such imposition is said to arise because the drilling company was in charge of drilling the well out of which the escape of oil, etc., arose.

The reasoning upon which the conclusion is reached is thus stated:

“Clearly the owner of an oil and gas lease…