D a & S Oil Well Servicing of Andrews, Inc. v. MacDonald Oil Corp.

COMPTON, Chief Justice.

This appeal is from a judgment dismissing the defendant’s counterclaim for damages resulting from the falling of the plaintiff’s derrick while servicing the defendant’s oil well.

On the 16th day of November, 1959, the defendant employed the plaintiff to service its well which had stopped producing. By the terms of the employment, the defendant supervised the work to be performed and had the right to terminate the contract at any time.

The plaintiff placed its derrick on the well location. The location previously had in place four anchors, but the northeast anchor had…