Warren Petroleum Corporation v. J. M. Lee and Hattie P. Lee

TUTTLE, Circuit Judge.

This is an action brought by two riparian owners for damages resulting from the pollution of the stream running through their pasture, allegedly destroying their fishing rights in the stream, causing salt marsh mosquitoes to breed and annoy the plaintiffs and their stock, and resulting in illness and death to some of the plaintiffs’ cattle which drank from the stream. The jury returned a verdict for the plaintiffs in the amount of $3500, from which the defendant appeals on the grounds that there is insuificient evidence of a causal connection between the pollution of the…