Polzin v. National Cooperative Refinery Ass'n

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover damages for the pollution of plaintiff’s land, more particularly a deep water well, pursuant to the provisions of G. S. 1949, 55-121.

A mistrial resulted and defendants have appealed solely from an order overruling their separate demurrers to plaintiff’s evidence. For brevity we shall refer to appellant, National Cooperative Refinery Association, as “National,” and to appellant, Northern Ordnance, Incorporated, as “Northern,” where necessary to distinguish between appellants.

The record in this appeal is quite…