SINCLAIR PRAIRIE OIL CO. v. FLEMING

No. 33208.

203 Okla. 600 (1949)

225 P.2d 348

SINCLAIR PRAIRIE OIL CO. et al. v. FLEMING.

Supreme Court of Oklahoma.

Rehearing Denied October 11, 1949.

Second Petition for Rehearing Denied and Dissenting Opinion Filed November 28, 1950.


Attorney(s) appearing for the Case

Ralph W. Garrett, Edward H. Chandler, and I.L. Lockewitz, all of Tulsa, for plaintiffs in error.

W.F. Schulte and Robt. Wimbish, both of Ada, for defendant in error.


WELCH, J.

The plaintiff, owner of a tract of land forming a part of the south bank of the South Canadian river, alleged that defendants built a fence along the north bank of the river in such a manner as to cause a diversion of the river waters from its natural course and to cause an eroding and washing away of a large area of the surface of plaintiff's lands, and claimed damages.

The defendants admitted that they caused the construction of a fence along the...

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