Charles F. Hayes & Associates, Inc. v. Blue
Decision Date | 16 March 1970 |
Docket Number | No. 45690,45690 |
Citation | 233 So.2d 127 |
Court | Mississippi Supreme Court |
Parties | CHARLES F. HAYES & ASSOCIATES, INC. v. Harmon S. BLUE. |
Boyd, Holifield & Harper, Laurel, for appellant.
A. S. Scott, Jr., Laurel, for appellee.
This appeal arises from an action in nuisance in the Circuit Court of the Second Judicial District of Jones County, Mississippi, for alleged damages sustained by appellee, Harmon S. Blue, through the breaking of the wall of a slush pit used in connection with the drilling and operation of an oil well on property, the surface of which was owned by appellee. The defendant below appeals from a jury verdict for plaintiff-appellee in the sum of $3,000.
No brief or other matter relating to the cause has been filed by the appellee in this case, though appellant filed a brief and certified that a true copy of the same was mailed, postage prepaid, United States mail, to the attorney for appellee on the 5th day of September, 1969. However, appellee's attorney has appeared and argued this case.
We have studiously considered the brief of the appellant, as well as the record, and we cannot affirm this case. We are of the opinion that this case is controlled by U. S. Fidelity & Guaranty Company, et al. v. State of Mississippi for the Use and Benefit of Tompkins, 204 So.2d 852 (Miss.1967), wherein we held:
Moreover, this is the second appeal of this case to this Court. See: Blue v. Charles F. Hayes & Associates, Inc., 215 So.2d 426 (Miss.1968). In the first case we were of the opinion that the trial court should not have sustained a demurrer for the defendants. We differentiated between actions based upon negligence, trespass and nuisance. In Placid Oil Company v. Byrd, 217 So.2d 17 (Miss.1968), at page 18, we said that, where the minerals are owned by persons with the right of ingress other than the surface owners of land, '* * * In this situation each party is charged with the duty of exercising a due regard for...
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...an oil or gas well as a prerequisite to the imposition of liability for damages caused to the property. See Charles F. Hayes & Assoc., Inc. v. Blue, 233 So.2d 127, 128 (Miss.1970); Placid Oil Co. v. Byrd, 217 So.2d 17, 18 (Miss. 1968); Cities Serv. Oil Co. v. Corley, 197 So.2d 244, 246 (Mis......
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