Mid-Continent Petroleum Corp. v. Poage

Defendant appeals from a judgment in favor of plaintiff in an action to recover for the loss of cattle alleged to have been caused by their drinking of polluted water. Plaintiff was the owner of a certain leasehold estate and lived thereon for approximately seven years. A stream called Briar creek traversed premises adjoining plaintiff’s leasehold estate. Plaintiff testified that defendant permitted oil, salt water and other deleterious substances to escape into the waters of Briar creek and that from time to time waters of Briar creek overflowed upon plaintiff’s premises and collected in a…