Ruth Fuel Co. v. Nichter

Plaintiffs instituted this no tion in the trial court to recover damages resulting from salt water permitted to flow from defendant's lease over plaintiffs’ land.

Trial resulted in a verdict and judgment for plaintiffs for $967.50, being $467.50. actual damages to personal property and the land, and $500 exemplary damages, and from that judgment the defendant appeals.

Inasmuch as our determination may result in a retrial of the cause, we shall refrain from a detailed discussion of the evidence.

In considering the contentions of the parties we find it beneficial to separately consider the actual…