Midco Oil Corp. v. Hull

DAVISON. J.

This is an action for the recovery of damages for injuries 'to some and death to others of the plaintiff’s herd of livestock, together with the loss of the use of the pasture in which they grazed.

In plaintiff's petition, the injuries inflicted upon said stock are alleged to have been the result of the alleged pollution of Big Hominy creek in Osage county by the escape of salt water from the oil leases of the defendants.

The only fact established at the trial to prove the plaintiff’s allegation that the stream was polluted was that it was salty, and the only proof that the defendants…