holding evidence was sufficient to support award of future damages for improperly drilled well
How later courts described this case
- holding evidence was sufficient to support award of future damages for improperly drilled well
Written by the judges who cited it.
The opinion
CORNELIUS, Chief Justice,
concurring on Motion for Rehearing.
I do not believe the court erred in refusing Geo Viking’s requested instruction. If Geo Viking is responsible for depriving Tex-Lee of production, it cannot defend on the basis that Tex-Lee might have secured some of that production by trespassing on someone else’s land. That is a matter between Tex-Lee and the other landowner. It is against public policy for a wrongdoer to escape liability for his wrongful act by showing that the injured party had an imperfect or defeasible title to the property which was taken or damaged.