155 F. 114 | 6th Cir. | 1907
This case was here upon the questions arising •over conflicting leases of the oil and gas rights in the same land. The facts are fully stated in our former opinion. 126 Fed. 623, 61 C. C. A. 359. Shortly after the litigation began defendants struck gas, and 'they continued to take and market the gas until the well was exhausted.
This well is also shown to have been a larger producer than the average well in this field. It also appears that all of the wells contributing to defendants’ pipe line did not contribute during the entire life of this well, and, further, that the appellant was obliged to buy gas of appellée to meet its own requirements. In view of all of the facts, wre conclude that an aliquot part of the gross product of 60 wells will not be an unjust compensation. Cooley on Torts, 53; Sutherland on Damages, § 101; Moore v. Bowmen, 47 N. H. 494, 500. The gross product was marketed for $1,003,813. One-sixtieth part of this is $16,730.21. The decree will be therefore modified so as to fix the damages at that sum, with interest from the date of our former decree affirming the decree of the Circuit Court, and costs.