Brown v. Lundell

joined by JUSTICE HAMILTON dissenting.

I respectfully dissent. This case involves the question of the right of a lessee under an oil and gas lease to dispose of the salt water in an earthen pit located on the lease, free from liability to the lessors for resultant damages to the same lease premises. This is not a suit such as Pickens v. Harrison, 151 Texas 562, 252 S.W. 2d 575. That case involved a claim for damages against a defendant who had been operating a well or wells on neighboring property.

There is no evidence of negligence in this case. It is true, the respondents alleged negligence…