Joseph E. Newman, Also Known as J. E. Newman v. Everett Nelson and Geral J. Bannon

MURRAH, Chief Judge.

This is an appeal from a diversity action judgment on a jury verdict awarding actual and punitive damages for pollution of plaintiff’s stock pond by escaping crude oil from defendant’s oil lease operations.

In the pre-trial order the Court ruled that the case “was not one of negligence, but one of nuisance”; that “the defenses raised by the defendant of reasonable conduct, contributory negligence and assumption of risk were without basis” on the claim for actual damages; but “that the reasonable and prudent conduct of the defendant * * * might be shown * * * as a defense to…