Phillips v. Empire Oil & Refining Co.

The opinion of the court was delivered by

Johnston, C. J.;

The plaintiff sought and obtained a judgment against the defendant for damages caused, as plaintiff alleged, by the defendant in discharging oil, salt water and chemicals from its gasoline plant into Willow creek, which flowed through plaintiff’s pasture and operated to poison and kill plaintiff’s live stock kept therein. The judgment rendered was for $500, and the defendant appeals.

The contention of defendant is that there is an absence of substantial testimony to sustain the 'verdict of the jury and the judgment of the court. During…