Venmex Oil Co. v. Thomas

This is an action by the plaintiff, C. E. Thomas, to recover from the defendant, Venmex Oil Company, damages to his livestock and pasturage caused by salt water and refuse oil flowing over land he occupied as a tenant from defendant’s producing oil and gas lease. From a judgment rendered on a verdict for the plaintiff for $650 actual damages and $100 exemplary damages, the defendant appeals.

I. In the first and fifth contentions defendant asserts that there is a fatal variance between plaintiff’s pleading and proof. It argues that plaintiff’s petition alleged damages to his stock due to the…