City of Guthrie v. Nix, Halsell & Co.

The opinion of the court was delivered by

McAtee, J.:

The facts in this case are sufficiently stated in 3 Oklahoma Reports, p. 136, where it was considered upon a question of pleading.

It was assigned for error that the court refused to give instructions numbered 5 and 6, which were offered on behalf of the defendant upon the trial, which are as follows:

“ If you find from the evidence that the street in front of the building occupied by the plaintiffs, under the sidewalk, had been excavated by persons other than the defendant, and that such excavation tended to allow water flowing over the…