Midland Oil Co. v. Moore

LEWIS, Circuit Judge.

This action was brought on December 6, 1921, in the State court, in the names of Y. P. Moore and Benjamin Ball as partners, against plaintiff in error, defendant below, to recover damages. Then it was removed to the court below. The complaint alleges that the plaintiffs, as copartners, were the owners of 235 head of cattle which they kept in a pasture, that on and after December 15, 1918, and up to April 25, 1919, defendant, in carrying on its mining operations nearby negligently permitted oil, salt water and other refuse to escape and flow into the water supply for said…