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MARTINEZ v. ARKANSAS FUEL OIL CORPORATION

No. 12759.

274 S.W.2d 160 (1954)

F. F. MARTINEZ, Appellant, v. ARKANSAS FUEL OIL CORPORATION, Appellee.

Court of Civil Appeals of Texas, San Antonio.

December 29, 1954.

Attorney(s) appearing for the Case

Brewer, Matthews, Nowlin & Macfarlane, Grady Barrett, San Antonio, for appellant.

Cox, Patterson & Smith, John J. Cox, San Antonio, for appellee.

NORVELL, Justice.

Appellant, F. F. Martinez, the lessor in an oil and gas lease, brought this suit against the lessee, Arkansas Fuel Oil Corporation, alleging that defendant in reworking an oil and gas well had negligently permitted waste oil and water to flow from said well onto the surrounding lands; that a registered Brahman bull belonging to plaintiff had drunk this oily substance and died as a result.

The trial court found that oil and oily water had...

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