McNutt v. Simons

Plaintiffs sued to recover damages for injury to a cow allegedly caused by the animal drinking oil which had escaped from defendants’ oil and gas well. Preceding a nonjury trial the action was dismissed as to J. P. Mc-Nutt, Sr., and the case was tried and judgment rendered against J. P. Mc-Nutt, Jr., who prosecutes this appeal.

The petition alleged plaintiffs’ ownership of a registered Hereford cow, which was pastured upon a tract of land leased from one Wallace, and that defendant had knowledge plaintiffs had leased and were pasturing the land; in December, 1946, defendant negligently…