Wyckoff v. Brown

The opinion of the court was delivered by

Dawson, J.:

Plaintiff brought an action against defendant on a claim for services in drilling four gas-and-oil wells in Elk county. Defendant answered admitting liability, but he filed a cross petition asking damages for water taken from a pond in defendant’s pasture which was used by plaintiff in his drilling operations. He alleged that the water was required for his cattle and that its wrongful taking necessitated the removal of the cattle to another pasture.

The cause was tried before a jury and plaintiff and defendant introduced their evidence,…