Phillips Petroleum Co. v. Bartmess

This is an appeal from a judgment in favor of defendant in error in an action for damages for injuries to cattle from salt water and oil.

The parties will be referred to as in the trial court.

Defendant took over the control and operation of an oil and gas lease on March 1, 1937, from the Sinclair Prairie Oil Company, an oil and gas lease covering the N.W.% of section 27, township N., range 12, E., in Osage county.

Plaintiff was the owner of, or had under lease, certain lands in the vicinity, a part of which adjoined the land above described, which was not separated therefrom by fence or other…