Judd v. Comar Oil Co.

The plaintiff in error, F. C. Judd, as plaintiff, commenced ■ this action in the district court of Kay county on January 22, 1930, against the defendant in error, Comar Oil Company, defendant in the court below. He sought to recover the sum of $2,900 for alleged damages to his farm by pollution.

On the trial of the cause, the learned trial judge decided that the plaintiff’s asserted right of recovery was barred by a former recovery in another action. In accordance with this decision the jury was directed by the trial judge to return a verdict for the defendant. The ease was brought to this…