Harold G. Compton and Marcella R. Compton

Plaintiffs have appealed from the judgment of the trial court in their action for actual and punitive damages against Williams Bros. Pipeline Company. At the time the notice of appeal was filed appellate jurisdiction was in this court by reason of the amount in dispute. Appellants alleged, and presented evidence in support thereof, that they granted respondent an easement to construct and maintain a pipeline across their land, that respondent agreed to construct the pipeline south of the proposed location of an earthen dam, but that the pipeline was constructed north of the proposed dam across the area to be flooded. Appellants sought actual and also punitive damages. The trial court refused to submit the issue of punitive damages to the jury, and the jury returned a verdict for respondent on the issue of actual damages.