Henderson v. Magnolia Petroleum Co.

Citations

• 104 Kan. 653
• 180 P. 228
• 1919 Kan. LEXIS 328

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Well-drilling Tools — Destroyed by Fire — Usage and Custom — Incompetent to Establish Liability. In an action to recover for the value of well-drilling tools which were destroyed 'by fire, it was shown that plaintiffs agreed to drill an oil and gas well for the defendant and .were to receive $1.75 a foot, and $60 a day for day work, which included underreaming, pulling the pipes, cleaning out, and work of that kind. Nothing was said about the responsibility of either party for losses of tools by fire or otherwise. Held, that in such an action it is incompetent to prove an alleged general usage and local custom throughout the oil fields of Kansas that when drillers are working for* and under the direction of the owner of the well.being drilled, the latter is responsible for losses of the drillers’ tools resulting from fires.</p>