Guest v. American Petrofina Company

RAY, Justice.

This is a suit for damages. Appellant, Cecil Guest (plaintiff) sued Carl Rogers and American Petrofina Company, appel-lees (defendants), to recover a money judgment for damages to the vegetation and sod of 100 acres of improved pasture. Appellee Carl Rogers is the Plant Supervisor of American Petrofina Company, and the company is engaged in refining and producing oil products. Surface waters flow from the premises of appellee’s plant ultimately through Cypress Creek into Cypress Creek bottom where appellant’s land is located.

In April of 1966, the general area experienced a period…