Polzin v. National Cooperative Refinery Ass'n

The opinion of the court was delivered by

Fatzer, J.:

This is an appeal from a judgment awarding actual and punitive damages for the pollution of plaintiff’s deep fresh water supply on his farm in Barton County resulting from the escape of defendant’s oil field brine. The suit was commenced May 29, 1950. A mistrial first resulted, and defendant appealed to this court from an order overruling its demurrer to plaintiff’s evidence. This court affirmed the judgment of the district court, and remanded the case for retrial. (Polzin v. National Cooperative Refinery Ass’n, 175 Kan. 531, 266 P. 2d 293.)…