C. L. McMahon, Inc. v. Lentz

This action was instituted by the defendant in error, hereinafter referred to as plaintiff, against the plaintiff in error, hereinafter referred to as defendant, to recover damages alleged to have been caused to livestock and domestic water supply by the pollution of a stream with salt water. The defendant denied liability and by plea in confession and avoidance alleged that it had exercised every effort to prevent the escape of salt water from its premises, and that if any salt water had escaped, it had done so despite the best efforts of the defendant to prevent it. Upon the issues so…