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TYLER v. DOWELL, INC.

No. 6093.

274 F.2d 890 (1960)

J. J. TYLER and Herman King, d/b/a King Drilling Company; Merchants Fire Assurance Corporation, a corporation; Guaranty Mutual Insurance Company; and Standard Accident Insurance Company, Appellants, v. DOWELL, INC., a Delaware corporation, and Phillips Petroleum Company, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 10, 1960.

Attorney(s) appearing for the Case

John D. Robb, of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., for appellants.

Carl H. Gilbert, Sante Fe, N. M., and Royal H. Brin, Jr., Dallas, Tex. (Gary W. Davis, Bartlesville, Okl., and Bryan G. Johnson, Albuquerque, N. M., were with them on brief), for appellees.

Before MURRAH, Chief Judge, BREITENSTEIN, Circuit Judge, and CHRISTENSON, District Judge.

MURRAH, Chief Judge.

This is an appeal from a judgment of the District Court of New Mexico on a jury verdict in a tort action by appellants against appellee Dowell, Inc., for loss or damage to its oil well drilling equipment caused by fire.

The basic facts are these. Tyler and King, doing business as King Drilling Company, contracted with Phillips Petroleum Company to drill and complete an oil well in New Mexico for a stipulated amount per vertical foot, and...

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