[DOWNLOAD] "Polzin v. National Cooperative Refinery Ass'n" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Polzin v. National Cooperative Refinery Ass'n
- Author : Supreme Court of Kansas
- Release Date : January 09, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The opinion of the court was delivered by 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.) The case was
retried by a jury in December, 1954, when the jury returned a
verdict for the plaintiff. The trial court overruled defendant's
post-trial motions and rendered judgment in favor of the
plaintiff on February 28, 1955. William M. Polzin died testate November 1, 1955, and Matt
Polzin and Romauld Polzin were appointed executors of the
decedent's estate. The action was revived in the name of Matt
Polzin and Romauld Polzin, executors of the estate of William M.
Polzin, deceased. For the purpose of this opinion Matt Polzin and
Romauld Polzin are hereinafter referred to as appellee and the
National Cooperative Refinery Association, a Corporation, as
appellant.