Deep Rock Oil Corp. v. Griffeth

• Citation: 58 P.2d 323,1936 OK 420,177 Okla. 208
• Decision Date: 02 June 1936
• Docket Number: Case Number: 24394
• Parties: DEEP ROCK OIL CORPORATION v. GRIFFETH
• Court: Supreme Court of Oklahoma

1936 OK 420

58 P.2d 323

177 Okla. 208

DEEP ROCK OIL CORPORATION v. GRIFFETH

Case Number: 24394

Supreme Court of Oklahoma

Decided: June 2, 1936

Syllabus

¶0 1. WATERS AND WATER COURSES - Pollution of Stock Water - Measure of Damages for Death of Cattle.

The measure of damages for the loss of cattle that die as a result of drinking water from a polluted stream is the reasonable market value of said cattle at the time of injury.

2. SAME - Measure of Damages for Injury to Cattle.

Where cattle are damaged and depreciated in value as a result of drinking water from a polluted stream, the measure of damages is the difference between the reasonable market value of said cattle immediately prior to, and subsequent to the injury.

3. DAMAGES - Measure of Damages for Injury.

When the law gives a remedy for a wrong done, the compensation should be equal to the injury sustained, and the latter is the standard by which the former is to be measured. The injured party is to be placed as near as may be in the situation which he would have occupied had not the wrong been done.

Appeal from District Court, Payne County; Freeman E. Miller, Judge.

Action by F.L. Griffeth against the Deep Rock Oil Corporation. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

W.F. Semple and Wilcox & Swank, for plaintiff in error.

Thomas A. Higgins, for defendant in error.

OSBORN, V. C. J.

¶1 This action was instituted in the district court of Payne county by F.L. Griffeth, hereinafter referred to as plaintiff, against the Deep Rock Oil Corporation, hereinafter referred to as defendant, wherein plaintiff sought to recover damages on account of the pollution of certain streams traversing his land. The cause was tried to a jury and a verdict was rendered in favor of plaintiff; from a judgment thereon defendant appeals.

¶2 Plaintiff alleged that he was engaged in the business of farming, stock raising, and dairying, and was the owner or lessee of certain pasture lands; that the defendant was engaged in the operation of oil wells upon lands in the vicinity of plaintiff's land; that on certian dates defendant permitted salt water, oil, and other refuse and deleterious substances to escape from its operations and flow into Wild Horse creek, which emptied into Euchee creek, and that both of said creeks traversed the lands of plaintiff and constituted his water supply for his cattle; that said cattle drank the poisoned and polluted water and by reason thereof five cows lost their calves and became sick and deteriorated in value; two heifers died, and certain other cattle were injured and damaged; that it became necessary to move the cattle to other pastures and to procure other water; that all of said damage was caused by the acts of defendant in permitting the escape of the pollutive substances into Wild Horse creek.

¶3 The various items of damage claimed amounted to the sum of $2,953. The verdict of the jury was for the sum of $1,239.

¶4 It is contended first that the trial court was without jurisdiction for the reason that the petition stated a cause of action for injuries principally to real property and that the real estate was located in Lincoln county and not in Payne county. There is no merit in this contention. The allegations of the petition and the proof offered in support thereof show that no claim whatever is made for damages to any portion of the real property involved.

¶5 Defendant contends that the trial court erred in the admission of certain evidence relating to the measure of damages. Plaintiff testified that as a result of drinking the salt water five cows lost their calves, and in regard to the value of the calves and the damage thereby sustained to the cows, plaintiff was permitted to testify as follows:

"Q. I will ask you if you know what was the value of those five calves which were lost at that time? (Objection by counsel for defendant.) A. There is no set value on an unborn calf. Q. What would have been the value of those calves the five cows lost, five calves, what was the value of those calves or would have been their value if they had been born? (Objection by counsel for defendant.) A. If they were heifer calves, they would have been worth 40 to 50 dollars. If they were steer calves, they wouldn't have been valued at very much. Q. Well, fix a value on them? A. I expect ten or 15 dollars would have been the average of them. Q. These five cows that lost these five calves, were they affected in any way by the use of this water? A. They drank this water and lost the calves; I don't know whether that is what made them lose them or not, but I think it was. By the Court: He is asking you about the cows now. Q. I mean the flesh and appearance and the health of the cows themselves, did you notice any change in their condition and their health? A. When a cow aborts a calf they never do extra well. Q. Were these five cows as valuable as before? (Objection by counsel for defendant.) A. No, sir. Q. What were they worth before they aborted the calves? A. I don't think they were worth half as much afterwards. Q. What would that be? A. Well, we thought our entire herd was worth $100 a head. Q. What is the difference in their value afterwards and before, that aborted their calves? A. I would judge they were worth $50 a head afterwards."

¶6 Regarding the value of two heifers that died as a result of drinking salt water, plaintiff testified as follows:

"Q. In May, 1932, what would you say was the value of that heifer? (Objection by counsel for defendant.) A. I think I gave about the worth of it. (Objection by counsel for defendant.) By the Court: Well, don't answer the question that way. He asked you the value of it. A. Well, I would say $65. Q. What was the Holstein heifer worth? A. $50."

¶7 Plaintiff claims further damages to his entire herd of cattle on account of their drinking salt water and their removal to another pasture. In connection with this element of damage, plaintiff testified as follows:

"Q. In addition to procuring other pasture and removing your cattle to it, I will ask you if you observed any difference in the condition of the 42 head of cattle which you were pasturing in that pasture along about that time? (Objection by counsel for defendant.) A. They didn't do well. Q. Be a little more specific in what you observed in the condition of the cattle as to their appearance, etc.? A. When cattle don't do well, their hair don't look good and they don't put on weight. Changing them from one pasture to another. Q. Are you able to tell the jury the difference in dollars between the value of those cattle caused by this change of pasture, or taking them off and by reason of having trouble with the water of the creek? (Objection by counsel for defendant.) A. I can give you my

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