Oklahoma City v. West

Supplemental Opinion on Rehearing.

SWINDALL, J.

In the opinion in this case it was carefully pointed out that we were considering only a nuisance caused by the discharge of unpurified sewage into a watercourse, and we took judicial notice of the fact that sewage can be easily and successfully purified by modern methods. Having so concluded, we held it to naturally follow that the nuisance was to be held temporary, for it could be abated by the expenditure of money or labor.

We refused to follow the contention that we should look backwards to ascertain why it was that the sewage was not…