Legal Opinion

Commonwealth v. Trent

Court of Appeals of Kentucky

Decided December 9, 1903PublishedCited by 16 opinions

Case 5 — Penal Action by Commonwealth against J. H. Trent and Others for Failing to Plug Gas Wells in their Possession, and Permitting the Gas to Waste. APPEAL FROM MEADE CIRCUIT COURT. From a Judgment of Dismissal on Demurrer, the Plaintiff Appeals.

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Case 5 — Penal Action by Commonwealth against J. H. Trent and Others for Failing to Plug Gas Wells in their Possession, and Permitting the Gas to Waste. APPEAL FROM MEADE CIRCUIT COURT. From a Judgment of Dismissal on Demurrer, the Plaintiff Appeals. We contend: 1. That in construing the statute in controversy herein, its provisions are to be liberally construed with a view to promote its object, which was to prevent the waste of natural gas. 2. Even if the strict construction required by the common law be applied, under the allegations of the petition as amended, the defendants are liable to…

1Opinion of the Court

Opinion of the court by

JUDGE HOBSON

Reversing.

This is a penal action instituted by the Commonwealth against appellees. The court sustained a demurrer to the petit-ion, and dismissed the action. The only question on the appeal is whether the facts stated constitute a cause of action. It is averred in the petition that the defendants conspired and confederated together for the unlawful purpose of obtaining and wasting natural gas from lands embraced in the gas •belt of Meade county, Ky.; that, to effectuate and carry out this purpose, they bored sis wells in this gas belt, four of them proving…

2Cases cited9 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. Ohio Oil Company v. IndianaSupreme Court of the United States · 1900
  3. United States v. FurlongSupreme Court of the United States · 1820
  4. State v. Ohio Oil Co.Indiana Supreme Court · 1898
  5. Williams v. CommonwealthCourt of Appeals of Kentucky · 1879

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. People v. Associated Oil Co.California Supreme Court · 1930
  2. Hardy v. RussellCourt of Appeals of Kentucky · 1918
  3. Calor Oil & Gas Co. v. FranzellCourt of Appeals of Kentucky · 1908
  4. C. C. Julian Oil & Royalties Co. v. CapshawSupreme Court of Oklahoma · 1930
  5. Hodge v. BryanCourt of Appeals of Kentucky · 1912

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