Phillips v. Sun Oil Co.

In an action to recover damages for injuries to person and property allegedly caused by the underground travel of gasoline from defendant’s property into plaintiff’s water well, which was situated on the opposite side of a highway, a cause of action for trespass was dismissed at the close of plaintiff’s case and plaintiff withdrew causes of action based on nuisance and negligence. On appeal plaintiff contends that it was error to dismiss the trespass action on the merits, and that the two withdrawn causes of action should have been dismissed without prejudice. Order and judgment modified on…