Berry v. Shell Petroleum Co

In Berry v. Shell Petroleum Co., 140 Kan. 94, 33 P.2d 953 (Kan. 1934) the Supreme Court of Kansas rejected the defendant oil company's argument that damage to a plaintiff's water well was only temporary where water from the company's saltwater pipeline had seeped into the well. The court reasoned as follows: "This court has held that proof that damage to real estate would continue for an indefinite time was sufficient to support a judgment for permanent damages. The evidence in this case was that the water in plaintiff's well had been sweet and wholesome and fit for drinking purposes, and that since the salt water had been allowed to flow into the canal it has become salty, has an oily scum and is altogether unfit for use for any purpose whatever. This court is not prepared to say that when the substrata has once become saturated with salt from an oil well the water moving through it will cleanse it so that the water in the well will become pure again. The evidence on this point is too vague. We doubt if anybody knows." Id. at 960