Wendtlandt v. National Cooperative Refining Ass'n

The opinion of the court was delivered by

Harvey, C. J.:

Plaintiffs brought this action to recover actual and punitive damages alleged to have resulted from salt water which defendant permitted to escape from a salt water disposal pond operated by it in connection with oil wells on plaintiffs’ land. A trial by jury resulted in a judgment in favor of plaintiffs of $1,092 for actual damages and $5,000 for punitive damages. Defendant has appealed.

In the petition, filed July 9,1948, plaintiffs alleged that they were the owners of the east half of a described quarter section of land in Barton county…