McCarty v. White

GRISSOM, Chief Justice.

McCarty was one of the owners and operators of a producing oil and gas lease and White was the subsequent lessee of the grazing rights on the same tract. White alleged that 35 head of his sheep died from drinking poisonous substances which McCarty negligently permitted to escape from his separator and flow into the pasture where his sheep grazed and that defendant was negligent in not fencing the ditch and in failing to give him notice that such substances were escaping and flowing on the pasture. In a trial to the court plaintiff recovered judgment for the value of 18…