Fast v. Kahan

The opinion of the court was delivered by

O’Connor, J.:

This is an action for the recovery of damages to crops and trees arising from defendant’s oil operations on plaintiffs’ land. After trial without a jury, the district court rendered a judgment in favor of plaintiffs, and defendant has appealed.

Two items of damages are the subject of controversy: (1) Loca tion and site damages for four oil wells drilled on plaintiffs’ land, and (2) Loss of thirty-six trees in a shelter belt surrounding plaintiffs’ farmstead caused by escaping salt water.

The evidence on the first item of damages is not in…