Magnolia Petroleum Co. v. Jones

This action was brought by plaintiff, S. E. Jones, against the defendants for damages caused by pollution of a stream by the discharge therein of oil and salt water from defendants’ wells. Plaintiff rented the lands traversed by the stream with knowledge of its polluted condition, and sued for damages to crops, and for expense of watering stock kept by him. The jury rendered a verdict for plaintiff in the sum of $500, and defendants appeal.

I. Defendants’ first contention is that the trial court erred in giving instruction No. 10 upon the wrong theory of the measure of damages. That…