247 Pa. 222 | Pa. | 1915
OriNiON by
In this bill in equity, filed by Robert G. Gillespie, against the American Zinc and Chemical Company, he prayed for an injunction to restrain the defendant from interfering with him and his employees in drilling oil wells on two tracts of Jand described in the bill. A preliminary injunction was awarded and subsequently defendant filed an answer. The case was put at issue and tried, the material facts being found substantially as follows: In 1901 one W. W. Vance leased from M. M. Acheson and wife the exclusive right of drilling and
The plaintiff has expended about $90,000 in developing oil upon these farms, six oil wells having been drilled on the Acheson land, and eight on the Hervey land. These wells produced various amounts of oil, ranging from three barrels to twenty-five barrels per day. Thirteen weils are still in operation, which average less than one barrel per day. Up to the present time the total realized by plaintiff from the two leases, amounts to about $77,000, which is about $13,000 less than the cost of production. When defendant purchased the farms in April, 1913, and for some time before, the average production for the thirteen wells in operation, was less than one barrel per day, and no well had been operated on either of the farms for two years and a half, and defendant had reason to believe that it would not be profitable for plaintiff to drill any more wells there. It was defendant’s purpose to establish on the land a large industrial plant and to obtain a supply of fuel therefor, by mining the coal under the surface, which it purchased at the same time that it purchased the farm. When defendant was engaged in constructing its contemplated
“1st: That the plaintiff, R. G. Gillespie, has not forfeited or abandoned his vested interest in the oil and gas
“2d: That the plaintiff, R. G. Gillespie, has the right to drill such additional wells as may be reasonably necessary in any location on said tract of land that will not unnecessarily interfere with, harass or annoy the defendant company in the occupancy of the surface for the purposes for which it now holds the same, and also has the right to maintain his necessary pipe lines and rights of way to and from his producing wells.
“3d: That it is the defendant company’s duty, if in the occupancy of the surface for its purposes it interferes with any right of way of the plaintiff, to supply another right of way that will answer the plaintiff’s purposes, or to pay to him the expenses which he shall reasonably incur in providing for himself such right of way.
“4th: That R. G. Gillespie, the plaintiff, and the American Zinc & Chemical Company, the defendant, each pay one-half the costs of this proceedings.”
The court retained the bill for the purposes of execution, and for the prevention of any further wrongful action in the premises by either of the parties.
Plaintiff has appealed and his counsel have filed sixteen assignments of error; in fifteen of them complaint is made of the dismissal of exceptions to the adjudication, and one is to the final decree. The appellant sought to restrain defendant from interfering not only with the two wells which he located, but also with the drilling of any other wells upon the lands included in the leases. The court below could not have sustained this claim without holding that appellant had the absolute right, without regard to the rights of the lessor of the land and his successors, to locate wells at any point on the demised premises, except on the ten acres surrounding the buildings reserved in the Acheson-lease,
The assignments of error are overruled, the decree of the court below is affirmed, and this appeal is dismissed at the cost of appellant.