JOHNSTON v. TOWN OF CHELSEA

No. 39693.

375 P.2d 904 (1962)

H.H. JOHNSTON and Mattie Johnston, Plaintiffs in Error, v. TOWN OF CHELSEA, Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

October 23, 1962.


Attorney(s) appearing for the Case

H. Tom Kight, Jr., Warren Watkins, Claremore, for plaintiffs in error.

Wilkerson & Wilkerson, by R.A. Wilkerson, Pryor, Bassmann, Gordon, Mayberry & Lavender, by Jack E. Gordon, Claremore, for defendant in error.


DAVISON, Justice.

This is an appeal by H.H. Johnston and Mattie Johnston, husband and wife (plaintiffs below), from an order of the lower court sustaining the motion of Town of Chelsea (defendant below) for a directed verdict in favor of defendant. Plaintiffs' action was for damages for loss and damage to cattle allegedly caused by drinking sewage of defendant from a creek that had its course through plaintiffs' land.

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