LANDERS V. EAST TEXAS SALT WATER DISPOSAL CO.
248 S.W.2d 731 (1952)
NATURE OF THE CASE: Landers (P), property owner appealed a dismissal of P's action as to
damages. After the East Texas' (D), oil and disposal company, plea in abatement asserting a
misjoinder of parties and of causes of action had been sustained, P declined to replead so
as to assert several liability only against each of the Ds in separate suits. The Court of
Civil Appeals for the Sixth District (Texas) affirmed.
FACTS: P was the owner of a small lake which he had drained, cleaned and stocked with
fish at considerable expense. D was the owner of a pipe line which traversed land adjoining
P's land. The pipe broke and from 10,000 to 15,000 barrels of salt water escaped from the
line and into P's lake, killing his fish. P also alleged that the Sun Oil Company (D1) was
the owner of an oil well, located a short distance from P's property line, from which D1
pumped small quantities of oil and large quantities of salt water each day. It broke as well
permitting large quantities of oil and salt water to escape and run into the branch and
thence into P's lake, killing his fish and otherwise injuring and damaging him. The trial
judge severed the cases against each defendant. P excepted to the action of the court and
declined to replead his case. His cause of action for damages was thereupon dismissed. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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