Friendswood Development Co. v. Smith-Southwest Industries, Inc.

I respectfully dissent. The court has decided this cause upon the mistaken belief that the case is governed by the ownership of ground water. Plaintiffs assert no ownerships to the percolating waters pumped and extracted from the ground by defendants. They make no complaint that their own wells have been or will be pumped dry. They seek no damages for the defendants’ sale of the water. Plaintiffs’ action calls for no change in nor even a review of the English rule of “absolute ownership” of ground water, the American rule of “reasonable use” of ground water, nor the Texas rule of…