EMPIRE GAS & FUEL CO. v. WEDDELL

EMPIRE GAS & FUEL CO. v. WEDDELL
1927 OK 460
261 P. 931
128 Okla. 146
Case Number: 17608
Decided: 12/06/1927
Supreme Court of Oklahoma

EMPIRE GAS & FUEL CO. et al.
v.
WEDDELL.

Syllabus

¶0 1. Appeal and Error--Landlord and Tenant--Questions of Fact as to Exemplary Damages--Tenant's Right to Sue for Damage to Crop.
Syllabus paragraphs 1 and 2 of Empire Gas & Fuel Co. v. Denning, 127 Okla. 145, 261 P. 929, are adopted as the syllabus in this case.
2. Trial--Refusal of Requested Instructions Where General Charge Sufficient.
It is not error for the trial court to refuse to give a requested instruction when the instructions which are given fully inform the jury as to the law governing the rights of the litigants as measured by the pleadings and the evidence.

Error from District Court, Stephens County; M. W. Pugh, Judge.

Action by W. E. Weddell against the Magnolia Petroleum Company, Empire Gas & Fuel Company et al. Judgment for plaintiff, and defendants appeal. Affirmed.

Karl F. Griffith and Womack, Brown & Cund, for plaintiff in error Lone Star Gas Company.
C. C. Julien and J. J. Hedrick, for plaintiff in error Empire Gas & Fuel Company.
W. P. Z. German and A. F. Molony, for plaintiff in error Skelly Oil Company.
Victor C. Mieher, for plaintiff in error Amerada Petroleum Corporation.
B. B. Blakeney and Hubert Ambrister, for plaintiff in error Magnolia Petroleum Company.
James A. Veasey, L. C. Owen, and Walter Davison, for plaintiff in error Carter Oil Company.
John Rogers, for plaintiff in error McMan Oil & Gas Company.
H. B. Lockett, for defendant in error.

PHELPS, J.

¶1 This cause is almost identical with cause No. 17609, Empire Gas & Fuel Co. v. C. A. Denning, opinion in which has this ray been filed. (128 Okla. 145, 261 P. 929).

¶2 The two cases were filed in the same court on the same day and there were only a few days intervening between the trials and the same questions are presented in the appeals, and we, therefore, adopt the syllabus and opinion in cause No. 17609 as the syllabus and opinion in this cause.