JONES v. GETTY OIL COMPANY

No. 14847.

458 S.W.2d 93 (1970)

John H. JONES, Appellant, v. GETTY OIL COMPANY, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied September 16, 1970.


Attorney(s) appearing for the Case

Cayton, Gresham & Fulbright, Lamesa, for appellant.

Turpin, Smith, Dyer, Hardie & Harman, Irby L. Dyer, Midland, Clyde E. Willbern, Cloy D. Monzingo, Houston, for appellee.


BARROW, Chief Justice.

This appeal presents the unique question of the right of the mineral lessee to use the vertical space over the land for the erection of pumping units to such height that they prevent the landowner from irrigating much of his land by an automatic sprinkler system in use at the time the oil wells were drilled. Appellant John H. Jones, brought this suit seeking an injunction to prevent appellee, Getty Oil Company, and two of its employees from...

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