Marland Oil Co. v. Hubbard

This is an appeal from a judgment of the district court of Kay county in favor of the defendants in error, as plaintiffs, against the plaintiff in error, as defendant. The cause was tried to a jury. The parties will be referred to as they appeared in the trial court.

The suit was to recover damages for injury to the plaintiffs’ land alleged to have been caused by the negligence of the defendant in the operation of producing oil wells under a valid oil and gas lease thereon. In their amended petition the plaintiffs alleged:

“* * * That said defendants have at all times since about March 1, 1927,…