Killam v. Moerbe

SLATTON, Justice.

Albert Moerbe sued O. W. Killam to recover damages to livestock and real estate resulting from the pollution of a stream of water running along the northern border of his land, which was caused by the negligence of Killam in permitting an oil well to blow out. A trial to the court resulted in a judgment in favor of Moerbe; Killam appeals.

The trial court found:(1) That at the time of the blowout Killam did not keep a properly weighted mud mixture; that he had knowledge of the high gas pressure immediately preceding the blowout, and that failure to drill with properly weighted…