McFarlain v. Jennings-Heywood Oil Syndicate

Citations

• 118 La. 537
• 43 So. 155
• 1907 La. LEXIS 760

Syllabus

<p>1. Waters and Water Courses — Surface Waters — Ad joinin g Owners — Liabilities.</p> <p>Under the provisions of article 660 of the Civil Code, the servitude of drain due by the estate below is confined to the reception of waters which run naturally from the' estate above, and the proprietor of the estate above is prohibited from doing anything whereby this natural servitude may be rendered more burdensome. It follows, from the plain text of the article, that the proprietor of the estate above has no legal right to discharge into a natural drain the waste oil and salt water proceeding from wells sunk on his premises, and is responsible for the resulting damages to the estate below.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 48, Waters and Water Courses, § 58.]</p> <p>2. Same — Persons Liable.</p> <p>Where an oil syndicate claims the ownership of all the waste oil on the field, and diverts the mixed oil and salt water by ditches into a natural drain, closed by a dam, for the purpose of separating and saving the oil, the syndicate is responsible for all the actual damages occasioned to the estate below by the escape of salt water and oil over or through the dam.</p> <p>3. Appeal — Review — Questions of Fact — Damages.</p> <p>Where the evidence is contradictory, and the quantum of damages depends on the estimates of witnesses, their assessment by the trial judge will not be disturbed on appeal, unless found to be manifestly erroneous.</p> <p>[Ed. Note'. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3983-3989.]</p> <p>(Syllabus by the Court.)</p>