Kennedy v. Gen. Geophysical Co. - 213 S.W.2d 707 (Tex. Civ. App. 1948)

Rule:

Trespass may be committed by shooting onto or over the land, by explosions, by throwing inflammable substances, by blasting operations, by discharging soot and carbon, but not by mere vibrations .In the absence of negligence there is no liability for consequential damages incidentally resulting from the vibrations of the earth or air caused by the construction of a lawful improvement either in a public street or upon private property. The rule imposing liability for injuries that are occasioned without negligence is limited to cases of direct injury, and negligence must be established to impose liability for consequential injuries, as by concussion or vibration, to property.

Facts:

This action was brought by appellant, C. W. Kennedy, Jr., for the recovery of damages alleged to have been sustained by him by reason of the acts of appellees, General Geophysical Company and Skelly Oil Company in securing information as to the presence or absence of oil, gas or other minerals in and under a tract of 339 acres of land belonging to him in Houston County, Texas, and for an alleged trespass in the form of vibrations caused by explosions of dynamite in conducting geophysical operations in close proximity to Kennedy’s land. He sought exemplary damages by reason of the alleged willful and malicious acts of General Geophysical and Skelly Oil in conducting such operations and in the securing of such information. In the trial before the Court, without a jury, judgment was rendered in favor of General Geophysical and Skelly Oil and that Kennedy take nothing by his suit. At the request of Kennedy the trial court prepared and caused to be filed his findings of fact and conclusions of law in which he found, in substance, on what we deem to be sufficient evidence.

Issue:

Was Kennedy entitled to damages for trespass in the form of vibrations caused by explosions of dynamite in conducting geophysical operations in close proximity to his land?

Answer:

No.

Conclusion:

The court affirmed the trial court's judgment. The court held that Kennedy failed to prove physical damage to his land caused by the vibrations or that General Geophysical and Skelly Oil obtained information about the subsurface his land via the geophysical operations, so Kennedy was not entitled to damages for trespass. The court determined that Kennedy could not recover exemplary damages because he failed to prove malice by General Geophysical and Skelly Oil.