# Howerton v. Kansas Natural Gas Co.

> Supreme Court of Kansas · May 7, 1910 · 82 Kan. 367

URL: https://www.frixlaw.com/law-library/cases/7899571

## Case

- **Full name:** Lee A. Howerton et ux. v. The Kansas Natural Gas Company
- **Court:** Supreme Court of Kansas
- **Decided:** May 7, 1910
- **Citations:** 82 Kan. 367; 108 P. 813; 1910 Kan. LEXIS 261
- **Precedential status:** Published
- **Opinion:** Concurrence by Porter
- **Judges:** Benson, Graves, Porter
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7899571

## Opinion text

Porter, J.
(concurring specially) : I think the court should declare as a matter of law, from its knowledge of conditions in the oil-and-gas territory, that witnesses of experience can testify with reasonable accuracy to what number of wells would be required properly to develop .the land embraced in the lease, including such wells as would reasonably be necessary to protect *371 the land from drainage from other wells; and that, since judicial knowledge takes the place of proof, we should hold that the action to forfeit or cancel the lease can not be maintained because it appears that the plaintiffs have an adequate remedy in an action for damages.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7899571. Public record. Not legal advice.