OHIO OIL COMPANY v. ELLIOTT

No. 5716.

254 F.2d 832 (1958)

The OHIO OIL COMPANY, a corporation, Appellant, v. Ralph ELLIOTT and Ella Elliott, Appellees.

United States Court of Appeals Tenth Circuit.

April 28, 1958.


Attorney(s) appearing for the Case

Judson S. Woodruff, Tulsa, Okl. (Howard H. Harris, Tulsa, Okl., was with him on the brief), for appellant.

Allan D. Sasser, Lawton, Okl. (Lawton Burton and Russell G. Jones, Lawton, Okl., were with him on the brief), for appellees.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.


LEWIS, Circuit Judge.

Appellant seeks relief from a judgment entered upon a verdict favoring appellees, plaintiffs below, for damages to livestock allegedly caused by the tortious salt water pollution of McCardio Creek in Caddo County, Oklahoma. The jury's award allowed $5,000 for cattle which died and $2,000 for cattle which were injured as the result of drinking the tainted water. Appellant contends the evidence to be insufficient to warrant submission to the jury...

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