observing that a statutory penalty regarding violations of various rules “is a civil penalty statute enacted for the primary purpose of promoting and encouraging law enforcement and deterring violations of the rules”
How later courts described this case
- observing that a statutory penalty regarding violations of various rules “is a civil penalty statute enacted for the primary purpose of promoting and encouraging law enforcement and deterring violations of the rules”
- considering whether “allegations and proof that [defendants] maintained the well in an unplugged state for a period of over 3,650 days amounts to no evidence that the well was ‘operated’ for that period of time”
- interpreting statute to decide what elements plaintiff must prove to be entitled to recovery under same statute
Written by the judges who cited it.
The opinion
GRIFFIN, Justice
(dissenting).
It is my opinion that the Court of Civil Appeals has correctly decided this case and I agree with that opinion. 385 S.W.2d 411 .