Pepis v. Rector

This action was brought by Fred Rector, plaintiff, against A. Pepis and A. L. Rainwater, defendants, tó recover damages for the death of seven head of cattle, and injury to some 20 head, due to the escape of salt water, oil and base sediment from oil wells, tanks and pipe lines owned by Pepis, and operated under the super-visión of Rainwater. From a verdict and judgment for plaintiff, defendants appeal.

Defendants, for reversal, rely upon two propositions: (a) The pleadings and evidence fail to establish 'a cause of action or claim of the plaintiff against the defendants; (b) the proof is…