Daly v. Gypsy Oil Co.

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by Arthur Daly against the Gypsy Oil Company, a corporation, to recover damages for negligently destroying the water supply of plaintiff for domestic use and for his live stock. The plaintiff prevailed, and the defendant appeals.

In his petition plaintiff alleged that he owned and operated a farm for general agriculture and live-stock business; that he had thereon *552two wells, one near his house for domestic use, which was about thirty-one feet deep, and another near his barns and outbuildings about twenty-three…