72 Ind. App. 509 | Ind. Ct. App. | 1919
—This is an action by appellee against appellant for damages and an injunction. The complaint is in three paragraphs, which are of the same general tenor, each alleging in substance, among other things, that appellee was the owner of ■certain land in Jay county, Indiana; that appellant, for more than five years last past, had been operating wells on adjoining land, from which it had pumped salt water and oil, and caused the same to run into the ditches and drains on appellee’s land; and that as a result thereof the underground drainage on his said land had become filled and obstructed so that it would not drain the same, to his damage. No demurrer was filed to the complaint, or either paragraph thereof. Appellant filed an answer in two paragraphs, the first being a general denial. The second admits that it operated wells on land adjoining appellee’s farm, and alleges that said wells were originally free from .either fresh or salt water, until after certain wells on appellee’s land had been abandoned, the casing and tubing drawn therefrom, and the wells were allowed to remain unplugged or were improperly plugged; that after this had been done the water in said wells, both fresh and salt water, escaped therefrom and entered into the strata of rock in which oil is found and had been extracted through the wells operated by it on adjoining land; that the amount of such water is constantly increasing, and that he cannot produce oil from his said wells with: out extracting more or less water; that he has only
To said second paragraph of answer appellee filed a reply in general denial. Appellant also filed a cross-complaint against appellee, based substantially on the same facts stated in its second paragraph of answer, by which it sought to recover damages against appellee and an injunction. Appellee answered said cross-complaint by a general denial.
The cause was submitted to a jury for trial, resulting in a verdict in favor of appellee on both the complaint and cross-complaint. With its general verdict the jury returned its answers to certain interrogatories submitted by the court. Appellant filed a motion for judgment in its favor on the answer to the interrogatories notwithstanding the general verdict, which was overruled. It also filed a motion for a 'venire de novo, which was overruled. It then filed a motion and written reasons for a new trial, which was likewise overruled. This action of the court was followed by a motion on the part of appellant in arrest of judgment, which was overruled. The court then rendered judgment in favor of appellee for $350 and costs. Appellant then filed a motion to set aside the judgment, which was overruled, and now prosecutes this appeal, having assigned errors in this court as hereinafter indicated.
•Appellant finally contends that the court erred in-overruling its motion to set aside the judgment. As' grounds for such motion it alleges that the judgment is not supported by the special verdict; that appellant is entitled to a judgment on the special verdict;
We find no error in the record. Judgment affirmed.