Trapp v. Shell Oil Co.

I cannot agree with the views expressed in the majority opinion.

This is a Rule 37 case. The Railroad Commission adopted Rule 37, applicable to the East Texas Oil Field, which had the effect of limiting one well to each ten acres, but permitted the drilling of additional wells where necessary to prevent confiscation or waste. Trapp was granted permission to drill a second well on the “Anderson Crisp 1.77-acre or 3-acre tract in the McAnally and Alexander Surveys, East Texas Oil Field, Gregg County, Texas.” The Shell Oil Company and the Gulf Oil Corporation filed suit to set aside the permit.…