Helmerick & Payne, Inc. v. Green

This is an action to recover for damage alleged to have been caused by the pollution of a stream occasioned by the operation of an oil and gas well owned by defendant. Plaintiff alleged that defendant operated a well on the watershed lying above plaintiff’s land, and permitted salt water and other poisonous substances to escape into a stream running from defendant’s premises down across the land occupied by plaintiff. Plaintiff, holding the premises under a year to year lease, sought to recover on four causes of action, the second of which was dismissed at the trial. For his first causé of…