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WENDTLANDT v. NATIONAL COOPERATIVE REFINING ASS'N

No. 37,764

168 Kan. 619 (1950)

215 P.2d 209

CARRIE WENDTLANDT, MARY J. RAMSEY, CAROLINE A. GERRITSON, ROSE H. MILLER, AGNES G. ARENDS, PAULINE J. McLEAN, PHILLIP PENKA, Administrator of the Estate of Emma A. Penka, Deceased, PHILLIP PENKA, Guardian of the Estate of Lawrence Penka, Bernard Penka and Hilda Marie Penka, Minors, Appellees, v. THE NATIONAL COOPERATIVE REFINERY ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed February 28, 1950.

Attorney(s) appearing for the Case

Wm. F. Pielsticker, of Wichita, argued the cause, and R.C. Russell and Isabel Obee, both of Great Bend, and E.H. Hatcher and Harold E. Jones, both of Topeka, were with him on the briefs for the appellant.

Boyce P. Hardman, of Great Bend, argued the cause, and Herbert Diets, of Great Bend, was with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

Plaintiffs brought this action to recover actual and punitive damages alleged to have resulted from salt water which defendant permitted to escape from a salt water disposal pond operated by it in connection with oil wells on plaintiffs' land. A trial by jury resulted in a judgment in favor of plaintiffs of $1,092 for actual damages and $5,000 for punitive damages. Defendant has appealed.

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