Brimner v. Reed

Citations

• 23 Pa. Super. 318
• 1903 Pa. Super. LEXIS 64

Syllabus

<p>Landlord and tenant — Injuries to cattle — Oil lease — Proximate and remote cause — Negligence.</p> <p>An owner oí a farm leased it to another agreeing to keep the fences in good repair, and reserving the privilege “ of leasing for oil, gas or coal, allowing the tenant damages for the same.” The owner subsequently leased the land for oil and gas, and oil development was begun in one of the fields. The tenant kept his cattle in a field fenced off from the one in which the operations for oil were being carried on. In this field he provided an independent water supply for his cattle. While plaintiff and his family were absent from the farm a number ot' cattle escaped from their field through bars and entered the field in which the oil well was being drilled. There was no evidence as to whether the bars were let down by an employee of the oil operator, or by a trespasser, or loosened from their place by the cattle. No person saw the cattle drink at the stream in the oil field, but some cattle tracks were observed at the stream. Some of the cattle which escaped from their field became sick and subsequently died. Held, that the landlord was not liable for the loss.</p>