ELR Citation: ELR 20313
No(s). 46119 (Miss. May 10, 1971)

Trial court erred in failing to direct verdict for defendant where plaintiff claimed fish in his pond were killed by activity of Shell. Evidence showed fish died from increase in alkalinity of water caused by presence of foreign substance, that oil company performed work on nearby well 6-8 days before fish died, and that drainage ditch led from oil well to fish pond. But plaintiff failed to identify substance in water that caused alkalinity, expert witnesses said it was not oil, company superintendent testified well was "dead," and further that no chemicals were used in pump repair work performed at well before the fish died. Jury verdict for plaintiff reversed.

Counsel for Shell Oil:
Marvin Oates
Bay Springs, MS 39422
(601) 764-2132

Counsel for Plaintiff:
J.E. Ulmer Jr.
Bay Springs, MS 39422
(601) 764-2643