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JENSEN v. SIERRA PETROLEUM CO.

No. 42,573

189 Kan. 472 (1962)

370 P.2d 425

GEORGE JENSEN, Appellee, v. SIERRA PETROLEUM CO., INC., Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

Jerry M. Ward, of Great Bend, argued the cause, and Tudor W. Hampton and Herbert Rohleder, of Great Bend, were with him on the briefs for appellant.

Robert L. Earnest, of Russell, argued the cause, and Clayton S. Flood, of Hays, was with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The plaintiff commenced this action against the defendant on September 3, 1960, to recover compensatory and punitive damages for allowing oil to leak and escape from its wells located in a pasture where 85 head of plaintiff's cattle became sick, lost weight and failed to gain weight, from licking oil or drinking oil polluted water. The defendant filed a motion to make definite and certain and to strike...

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