Gano v. Hall

The opinion of the court was delivered by The plaintiffs (appellees), Galyn and Jean Gano, brought this
action against the defendant (appellant), Brooks Hall, to recover
damages to their land and sheep resulting from the pollution of a
stream on the land caused by the escape of crude oil, salt water
and other refuse from defendant's oil lease operations. A verdict
was returned and approved and a judgment for actual damages was
entered by the trial court in plaintiffs' favor. From an order
overruling defendant's demurrer to plaintiffs' evidence and from
other post-trial motions, defendant appeals. Plaintiffs' petition alleged that defendant wrongfully
permitted crude oil, salt water and other refuse to drain from
his wells and tanks across their pasture land and into the stream
thereon, thus polluting the water and rendering it unfit for
their sheep to drink; that as a result of such pollution ten of
the lambs died and the remaining 107 became ill and did not
fatten as they otherwise would have done, and the 147 ewes failed
to breed or to conceive and were worthless as breeding stock, and
that plaintiffs were put to the expense of additional feed and
labor. Plaintiffs asked for damages for the loss of their
anticipated profits on the lambs, for the damage to the ewes as
breeding stock and for the added expense to which plaintiffs were
put in providing extra feed and labor because of the pollution of
the stream. The issues were joined and the case proceeded to
trial.