Sam E. Wohlford v. American Gas Production Company

RIVES, Circuit Judge.

Appellant, plaintiff below, sued the ap-pellee, defendant below, for damages to four different kinds of property, grass, land, cattle, and fencing, which resulted from the blowing of a gas well. Appellant was the owner of the land, and the appellee, under a lease from appellant, owned and operated a gas well on the land. Appellee, in its operation of said gas well, caused arsenic to be blown from said well and deposited on the surface of the land, thereby causing the damages.

By his First Count, appellant sought to recover for the damage to grass as a growing crop under…