Getty Oil Company, Petitioner v. John H. Jones, Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that a mineral lessee's reasonable‑necessity limitation extends to the superadjacent airspace as well as the lateral surface, that the surface owner bears the burden of proving unreasonable use, that the jury instruction weighing harm against utility was erroneous, and that any damages are limited to the depreciation of land value caused by the interfering pumps. Justice McGEE dissented, arguing that the lease gives Getty an absolute right to use the airspace, and Justice GREENHILL concurred in a narrower holding limited to the circumstances at the time the pumps were installed.