Corr v. Continental Oil Co.

The opinion of the court was delivered by

Smith, J.:

This case is here on rehearing. (See Corr v. Continental Oil Co., 145 Kan. 78, 64 P. 2d 30.) In that opinion we held *2that the demurrer of defendants to the evidence of plaintiffs should have been sustained on the ground that plaintiffs had not established by substantial, competent evidence that drainage had occurred. A petition for a rehearing was filed in due time. It was argued vigorously that this court had laid down too strict a rule as to the proof required to establish á prima facie cause of action in cases of this type. Briefs were…