Root Refiners, Inc. v. Robertson.

Hart, C. J.,

(after stating the facts). According to the evidence adduced 'by the plaintiff, oil was allowed to escape from the refineries of the defendant and to flow into a running stream on 40 acres of land used by the plaintiff for watering the cattle on his dairy farm. The evidence for the plaintiff also shows that formerly the oil from the defendant’s refineries had flowed in another direction, and that it might easily be diverted from flowing- into the stream used by the plaintiff for watering- his dairy cattle. Under these circumstances the jury was warranted in finding that the…