City of Oxford v. Spears

The most important question presented by this appeal is- whether loss of profits is a proper element of damage for the pollution of a water course running through plaintiff’s land, rendering the water unfit for plaintiff’s cattle to drink.

Appellant, City of Oxford, was sued by appellee for damages alleged to have been sustained in the six years next before suit was filed. Appellee alleged appellant maintained a nuisance by discharging raw sewage into a water course that ran through appellee’s land; that the water of the stream was rendered unfit for cattle to drink. It was also charged that…