Manhattan Oil Co. v. Mosby

SANBORN, Circuit Judge.

During the spring and summer of 1926, George A. Mosby, the appellee, who will be referred to as plaintiff, was fattening a large number of cattle upon his ranch in Greenwood county, Kan. The appellants, Manhattan Oil Company, Phillips Petroleum Company, and Empire Gas & Fuel Company, were drilling for and producing oil on land adjacent to and east of the Mosby ranch and on a small portion of the ranch itself. The drainage from the lands upon which the wells were located was toward the west branch of the Fall river, which traverses the Mosby ranch and which formed the…