Kelly v. Ohio Oil Co.
Ohio Supreme Court
49 N.E. 399 (Ohio 1897)
Relevant factsFree
The plaintiff held a contracted-for right to oil under Hastings's land, while Ohio Oil Co. (OOC) (defendant) owned surrounding land and drilled oil wells only 25 feet from the Hastings property line, allegedly intending to draw oil out from underneath Hastings's land. The plaintiff sued, and the circuit court dismissed for failure to state a cause of action; the plaintiff appealed.
IssueFree
Whether a landowner who lawfully drills for oil on his own land has a right to oil that ends up in his well, even if that oil originated elsewhere.