Benson v. Grace Oil Company

OPINION

GREEN, Chief Justice.

This appeal is from a summary judgment for defendant in cause No. 11,748-A in the district court, same being a severed portion of a case filed as No. 11,748. It involves a limitation problem. The action is one for damages to land allegedly caused by salt water negligently being permitted to escape from the pit or pits of defendant onto the land of plaintiffs. Plaintiffs’ original petition was filed February 19, 1963, and their amended petition was filed some 41/3 years later, on June IS, 1967. It is the contention of appellee that the damages sought by…