MR. JUSTICE WHITE delivered the opinion of the court.
The defendant below was sued for the sum of certain penalties imposed by law for allowing gas to escape into the atmospheric air from an oil and gas well. The statute by which the penalties were imposed is the one we have considered and passed on in an opinion this day delivered in Ohio Oil Co. v. Indiana, No. 84, of this term. The defendant demurred to the complaint, and when the demurrer was overruled...
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