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Turner v. Big Lake Oil Co.

Supreme Court of Texas

96 S.W.2d 221 (1936)

Relevant factsFree

Big Lake Oil (defendant) stored salt water runoff from its oil wells in large artificial earthen ponds whose levees eventually broke, allowing the salt water to escape and damage neighboring lands and livestock-watering waterways belonging to Turner and other landowners (plaintiffs); the jury found Big Lake was not negligent in maintaining the ponds, the court of civil appeals affirmed, holding negligence was a required element for recovery, and Turner appealed.

IssueFree

Whether, in Texas, the artificial storage of water on land is considered a 'natural' and 'ordinary' use of the land not subject to imposition of strict liability upon a defendant.

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