Simmons v. Perkins

NORVELL, Justice.

This is an appeal from a judgment based upon a special issue jury verdict. Mrs. Chessie Perkins, the prevailing party below, brought this action against appellants, Jay Simmons and the Kepley Production Company, for damages resulting from the depositing of clay, mud and sand upon appellee’s land because of a blow-out of an oil and gas well, which appellants were drilling upon an adjoining tract.

The jury found that appellants were negligent in (1) attempting to drill a well in the location selected by them and (2) in failing to prevent mud, clay and sand, brought to the…