Lackey v. Prairie Oil & Gas Co.

The opinion of the court was delivered by

Burch, J.;

The action was one for damages for injury to pasture land by pollution of a stream which flowed through the land. Plaintiff recovered, and defendants appeal.

Defendants brought in and operated oil wells in a field traversed by the stream. The oil wells are upstream from plaintiff’s land. The action was commenced on July 19, 1929. The material allegations of the petition follow:

“Said creek is known as Sand creek, and is capable of and has always furnished plaintiff’s land with sufficient running water to water stock; that in times of excessive…