Cox v. Chapa
Decision Date | 09 May 1945 |
Docket Number | No. 11513.,11513. |
Citation | 188 S.W.2d 217 |
Parties | COX et al. v. CHAPA. |
Court | Texas Court of Appeals |
Appeal from District Court, Duval County; L. Broeter, Judge.
Action by D. C. Chapa against Edwin B. Cox and another for the recovery of damages to land, in which defendants filed a plea of privilege. From an order overruling the plea of privilege, defendants appeal.
Affirmed.
Perkins & Floyd, of Alice, for appellants.
Lloyd & Lloyd, of Alice, for appellee.
This is an appeal from an order overruling a plea of privilege. Trial below was to the court without a jury. No findings of fact or conclusions of law were requested or filed. Exceptions Nos. 9 and 14 of Article 1995, Vernon's Ann.Civ.Stats., are relied upon to sustain the trial court's judgment.
We are of the opinion that the order appealed from must be affirmed, under exception 14 of Article No. 1995, and consequently need not discuss numerous contentions raised in the brief with reference to exception 9.
Article 1995, Sec. 14, reads as follows:
In his petition appellee alleged that appellants were the owners of certain oil wells in Duval County, and had caused large amounts of salt water and oily substances to be brought to the surface of the land. He further alleged that appellants had failed to keep such substances stored in earthen tanks upon appellants' premises, but, on the contrary, had permitted said salt water and oily substances to drain into certain creek beds which carried the same onto appellee's lands.
Among other allegations, the petition contained the following:
"That on many occasions, and almost continuously during 1943 and 1944, the defendants have caused, allowed and permitted crude oil, salt water, sediments and fluids from their said oil wells, reservoirs and tanks to drain and flow into and down the said creek and its various tributaries, and to become commingled with the waters therein; that said creek, its tributaries, have been polluted, poisoned and contaminated by such crude oil, salt water, sediments and fluids; that such crude petroleum, salt water, sediments and fluids from said oil wells, reservoirs and tanks have spread over, covered, stood on, soaked and seeped into 400 acres of pasture or grazing land and 45 acres of cultivated land belonging to plaintiff; * * * that such crude oil, salt water, sediments and fluids have covered,...
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Holmes v. Jackson
...prove that his land was in fact damaged; such issue is to be determined in the trial upon the merits of the main suit. Cox et al. v. Chapa, Tex.Civ.App., 188 S.W.2d 217; Cox et al. v. Palacios, Tex.Civ.App., 188 S.W.2d 688; Tennessee Gas & Transmission Co. v. Heard, Tex.Civ.App., 190 S.W.2d......
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Petroleum Processing, Inc. v. Roemer, 127
...plaintiff's petition also sought damages for injuries to the growing crops rather than damages exclusively for injury to the land. Cox v. Chapa, 188 S.W.2d 217, Tex.Civ.App.1945; Stephenville Production Credit Ass'n v. Rockwell, et al., supra (see cases cited therein); Ward & McCullough v. ......
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Stephenville Production Credit Ass'n v. Rockwell
...nature of the suit comes within the terms of the exception is determined by the allegations of the plaintiff's petition. Cox v. Chapa, Tex.Civ.App., 188 S.W.2d 217; Cox v. Palacios, Tex.Civ.App., 188 S.W.2d 688. Tennessee Gas & Transmission Co. v. Heard, Tex.Civ.App., 190 S.W.2d 518; Phipps......
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Kimbell v. Roberts, 4966
...construing Subdivision 14 support the action of the trial court here in overruling defendants' pleas of privilege. Cox v. Chapa, Tex.Civ.App., 188 S.W.2d 217; Holmes v. Jackson, Tex.Civ.App., 200 S.W.2d 276; Tennessee Gas & Transmission Co. v. Heard, Tex.Civ.App., 190 S.W.2d 518; Ross v. Ma......