City of Altus v. Smalling

The city of Altus, Okla., ap peals from a judgment against it for damages arising from tlie sewage disposal operations of that city.

The parties are referred to as they appeared in the trial court.

Plaintiff charged damage to his stock water, and from odors arising from the contaminated stock stream and from odors from the operation of the disposal plant.

At the close of all the evidence and before the giving of its general instructions, the court informed the jury that plaintiff had failed to prove damage to his stock water, and that his damage was limited solely to that from obnoxious odors…