Warren v. Premier Oil Ref. Co. of Texas

LESLIE, Chief Justice.

Plaintiff, Ernest Warren, instituted this suit against the Premier Oil Refining Company, a pipe line company, for damages to his cattle and leased grass by reason of two leaks which occurred in the defendant’s lines in January, 1942. Plaintiff alleged that the oil leaked out and killed his grass and injured some and killed others of his cattle that drank the oil. Plaintiff grounded his cause of action on the alleged negligence of the defendant. Specific acts of negligence were alleged. Only two grounds of such negligence were submitted to the jury.

In substance the two…