Ellison v. Walker

2 Hugh Walker as plaintiff brought an action in the District Court of Oklahoma County against defendant, Kenneth Ellison, to recover $3,000 damage to his dwelling house allegedly caused by the vibrations of defendants drilling and operation of an oil and gas well in the immediate vicinity of his property. It was alleged that the vibration caused the house foundation to sink and the plaster to crack; that the floors are no longer level and the doors and window sashes have become loose and rickety by reason of the continuous vibration. The defendant answered by general denial. The cause was tried to a jury which rendered a verdict for plaintiff for $1,500 and the trial court rendered judgment accordingly. From the order overruling a motion for a new trial, the defendant appeals.