RUNYAN v. CITY OF HENRYETTA

No. 38525.

347 P.2d 1014 (1959)

Walter H. RUNYAN and Sallie Runyan, his wife, Plaintiffs in Error, v. CITY OF HENRYETTA, Okmulgee County, Oklahoma, a Municipal Corporation, Defendant in Error.

Supreme Court of Oklahoma.

December 15, 1959.


Attorney(s) appearing for the Case

Harry D. Pitchford, Okmulgee, for plaintiffs in error.

Ernest W. Smith, Henryetta, for defendant in error.


WILLIAMS, Vice Chief Justice.

Plaintiffs in error, referred to hereinafter as plaintiffs, sued the City of Henryetta, referred to herein as defendant. The court, on trial, sustained a demurrer to plaintiffs' evidence. Plaintiffs appeal from such adverse judgment.

The City of Henryetta constructed a reservoir on Wolf Creek, a meandering intermittent stream, for its water supply. In connection with the purification of this water, the city uses four settling...

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