Cleary Petroleum, Inc. v. Copenhaver

McINERNEY, Justice.

This appeal is from a jury verdict awarding damages to the Plaintiff-cattle rancher against the Defendant-oil company for injuries sustained by Plaintiff’s cattle as a result of drinking water polluted ultimately by Defendant’s waterflood project.

The Plaintiff and a neighbor both testified to having tasted the creek during the period involved, and to finding it “very” or “real” salty. No eyewitness actually saw any of Plaintiff’s cattle drink the creek water; however, Plaintiff and other witnesses testified to observing fresh tracks and dung along the creek at the time in…