Phillips Petroleum Co. v. Record

HUTCHESON, Circuit Judge.

The case out of which this appeal grows, though tried at a different time and to a different jury, was tried by the same judge, in substantially the same way, and on substantially the same general charge, as Ochsner’s case,1 this day decided. The verdict as in Ochsner’s case, was based not on the market value of the gas at the well but on evidence having no relation thereto. Unless, then, there are differences between this case and that, which require a different result, the judgment in this case must, for the reasons given there, be reversed and the cause remanded…