Comanche Drilling Co. v. Shamrock Oil & Gas Co.

This cause comes here on •appeal from the district court of Stephens county, the facts out of which it grew being substantially as follows:

Plaintiff in error, who was plaintiff below, was engaged in drilling an oil well and had the necessary derrick, rig, machinery, etc., upon its premises to carry on the drilling operation. Some 450 feet away from where plaintiff was drilling its well and on higher ground, but nearer the same draw, swale or depression, defendant had drilled a well which was producing oil; defendant had thrown up an earthen embankment forming a tank or pool to retain the oil…