Indian Territory Illuminating Oil Co. v. Townley

PHILLIPS, Circuit Judge.

Townley brought this action to recover damages alleged to have been sustained as a result of the pollution by the Indian Territory Illuminating Company, of a small stream of water that flowed along the eastern boundary of his dairy farm.

From a verdict and judgment for Townley in the sum of $3985.50, the Oil Company has appealed.

Among the items of damages set up in the complaint were these:

“Loss of milk production........$3500.00

Expenses in procuring new water supply at 50 cents per day 365.00’

The Oil Company asserts the proof was insufficient to warrant the submission…