Gulf Refining Co. v. Smith

RAY, Justice.

This is a venue case. Appellee (plaintiff) Harold Smith filed suit in the District Court of Franklin County, seeking money damages for the death of his cattle, loss of anticipated calf crop, and for money spent to hire extra labor. Appellee Smith contended that his damages resulted either from the negligence or trespass of Appellant (defendant), Gulf Refining Company, because Appellant let oil escape from its pipeline into a creek which crossed land leased by Appellee and on which land Appellee had his cattle. Appel-lee Smith contends that he lost 143 head of cattle as a result…