Sinclair Prairie Oil Co. v. Fleming

The plaintiff, owner of a tract- of land forming a part of the south bank of the South Canadian-river, alleged that defendants built a fence along the north bank of the river in such a manner as to cause a diversion of the river waters from its natural course and to cause an eroding and washing away of a large area of the surface of plaintiff’s lands, and claimed damages.

The defendants admitted that they caused the construction of a fence along the north bank of the river on lands owned or controlled by the defendant company, but denied that an erosion of plaintiff’s lands was caused thereby,…