Texas Pacific Coal & Oil Co. v. Robertson

Mr. Judge SMEDLEY

of the Commission delivered the opinion for the court.

Defendants in error, the widow and heirs of George W. Robertson, Jr., deceased, sued plaintiff in error for exemplary damages, alleging that the death of Robertson, who was employed as a driller on an oil and gas lease in Palo Pinto County owned by plaintiff in error, was caused by gross negligence of plaintiff in error and its employees. Workmen’s compensation insurance was carried and an award of compensation was made and paid, and accepted by defendants in error.

A well which had already made a small quantity óf oil was…