Indian Territory Illuminating Oil Co. v. Earnheart

This is an action by plaintiffs, C. E. Earnheart and Della P. Earn-heart, against defendant, Indian Territory Illuminating Oil Company, for damages to land due to the pollution of a stream. From judgment entered on a verdict for plaintiffs, defendant appeals.

1. Defendant’s first contention is that plaintiff deliberately testified falsely, on cross-examination, that he had a soil analysis made by the Professor of Chemistry of the University of Oklahoma, when in fact the analysis was made by a student of the University, a son of the professor. The analysis itself was excluded by the trial…