Donnan v. Pennsylvania Torpedo Co.
Donnan v. Pennsylvania Torpedo Co.
Opinion of the Court
Opinion by
The plaintiffs were owners of a well which for a number of years had been producing oil; they determined to attempt to increase the production and' made a contract with the defendant company to discharge a torpedo in the oil sand at a distance of twenty-seven feet from the bottom of the well, which was 1.858 feet deep. The defendant company sent one of its employees who fired a shot in the well, which resulted in its total destruction. The fact that the well was ruined by the discharging of the torpedo would not, of itself, entitle the plaintiff to recover, but that is not this case. The fact that the well was 1.858 feet deep and that the defendants had been instructed to fire the torpedo at the distance of twenty-seven feet from the bottom was not disputed. The well was cased for a distance of 1,700 feet or about 150 feet from the bottom. The plaintiffs called two witnesses who testified that when the shot was fired the casing in the well jumped up two feet and remained there, settling back about six inches during the night, and there was other evidence in the case which if believed clearly established that this could only have resulted from a shot fired in the casing, and over 100 feet above the point where the torpedo ought to have been discharged. When the casing was drawn from the well it was found that it had been shot entirely off at a depth of 1,035 feet, and the remainder of the casing, over 600 feet, remained in the well, from which it could not be removed. The well was completely obstructed at the depth of 1,035 feet, could not be cleaned out and was useless. The section of the casing which had been in the well at a depth of 1,035 feet was offered in evidence, and the testimony of expert witnesses as to what could have produced the condition, in which it then was, was conflicting, but there was evidence which would have justified a finding that this condition could only have been produced by a shot fired at that particular point. The court could not, under the evidence, determine as matter of law that the plaintiffs had not satisfactorily established the fact that the
The remaining assignments of error relate to the instructions as to the measure of damages, and the admission of evidence in accordance with the views of the court below embodied in such instructions. The jury were instructed that the plaintiffs could not estimate their damages by the more expensive method, they must take that which was cheapest. “ If the damage could be repaired, then the measure of damages would be the cost of that repair. But if the cost of the repair would be
The judgment is affirmed.
Reference
- Full Case Name
- Donnan v. Pennsylvania Torpedo Company
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- 2 cases
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- Syllabus
- Negligence — Oil well — Torpedo explosion — Damages—Evidence. Where a torpedo company undertakes to discharge a torpedo in oil sand some distance below the bottom of an oil well it is bound to bring to the performance of the work the exercise of the ordinary skill and care of the business and avail itself of the usual appliances to guard against injury to the property with which it deals. If the agent of the company fails to use the proper appliances and does not observe ordinary skill, and the torpedo is exploded in the well itself far above the point where the explosion was intended to occur, the company will be liable for the destruction of the well. In such a case the court commits no error in charging on the measure of damages as follows: “ If the damage could be repaired, then the measure of damages would be the cost of that repair. But if the cost of the repair would be more than the value of the property, or if a new well could be drilled more cheaply than this one could be repaired or cleaned out, then of course the party should not estimate his damages by the more expensive method; he should take that which is cheapest. If it is cheaper to drill a new well he should do that. If it is cheaper to abandon the well altogether then he should abandon it, and then would be entitled to charge the party only with the market price, what it was worth in the market. If it was utterly destroyed, or destroyed so that a repair would cost more than the digging of a new well and the digging of a new well would cost more than it would be worth, then neither of these things should be done, and it would come back to the question of the value of the well.” In such a case the jury may properly take into consideration, in estimating the damages, that the well in question was run as one of a system of small wells, and also that the usual and ordinary result of shooting wells in that particular field, which had never been shot before, was to increase the production, and that this quality increased the market value of such wells.