Nisbet v. Van Tuyl

SCHNACKENBERG, Circuit Judge.

This action was brought to recover damages occasioned by the alleged negligence of the defendants in failing to properly plug an abandoned oil well. The district court sustained defendants' motion for a summary judgment and entered a judgment for costs against plaintiffs, from which this appeal is taken. The errors relied on arise out of the granting of defendants’ said motion.

The facts before the court, for the purpose of the motion for summary judgment, are those appearing in plaintiffs’ amended complaint, defendants’ answer thereto and the affidavit of Ira Van…