Mid-Continent Petroleum Corp. v. Miller

• Decision Date: 24 May 1938
• Docket Number: 28299.
• Citation: Mid-Continent Petroleum Corp. v. Miller, 79 P.2d 804, 183 Okla. 27, 1938 OK 363 (Okla. 1938)
• Parties: MID-CONTINENT PETROLEUM CORPORATION v. MILLER.
• Court: Oklahoma Supreme Court

79 P.2d 804

183 Okla. 27, 1938 OK 363

MID-CONTINENT PETROLEUM CORPORATION v. MILLER.

No. 28299.

Supreme Court of Oklahoma

May 24, 1938

Syllabus by the Court.

1. In a civil case all that the plaintiff is required to prove in order to establish causal connection between defendant's negligence and plaintiff's injury is to make it appear more probable that the injury came in whole or in part from the defendant's negligence than from any other cause, and this fact may be established from circumstantial evidence.

2. If any one of several other conclusions is as consistent with the facts as is the conclusion that the negligence caused the injury, then the verdict may be said to be based upon conjecture, but if those other conclusions are not as consistent with the facts as is the conclusion that the negligence caused or partly caused the injury, it cannot be said that the verdict is based upon conjecture.

Appeal from Superior Court, Seminole County; C. Guy Cutlip, Judge.

Action by Frank Miller against the Mid-Continent Petroleum Corporation to recover for the loss of a horse and cows, from drinking polluted water in a slough or pond of plaintiff's premises. From a judgment in favor of the plaintiff, the defendant appeals.

Judgment affirmed.

J. C Denton, R. H. Wills, J. H. Crocker, J. P. Greve, and I. L Lockewitz, all of Tulsa, and R. J. Roberts, of Wewoka, for plaintiff in error.

W. A McDaniel and J. L. Jackson, both of Seminole, for defendant in error.

PHELPS Justice.

The defendant oil company appeals from a verdict and judgment in favor of plaintiff for the loss of one horse and three cows from drinking polluted water in a slough or pond on plaintiff's premises. The water therein came from overflow of a river.

It is not denied by defendant that it deposited oil, salt water and other deleterious substances in considerable quantity into the river. It was admitted in substance by one witness of the defendant's that the situation was virtually out of control. The sole contention of defendant is that there is no evidence that the animals died as a result of drinking the water.

There was evidence reasonably tending to establish that the water in the slough or pond was polluted by salt water and oil, if not by other deleterious substances. It is true, as contended by defendant, that the degree or intensity of pollution was not shown. However, no rule of law has been cited requiring the plaintiff to prove any certain degree or percentage of pollution as a condition precedent to recovery. If he is able to prove that the water was polluted by the defendant, and that the animals died as a result of drinking it, and because of said pollution, it is sufficient unless affected by other issues not present in the case under discussion.

While the case presented by plaintiff on the issue of causal connection was not a strong one, we are of the opinion that it was barely sufficient under the applicable rules of review. In the first place it must be admitted that the water was polluted. Next, it was shown that the cattle and horse were not ill prior to drinking the water, that then upon drinking it they became sick and had hemorrhages and blood and black substances passed from them; that when one of them after dying, was cut open the stomach was "eat up with acid and there was black looking stuff in her, and she passed black passages when she was sick, and bloody stuff come through her bowels." Next, then, a veterinarian testified that such condition would be caused by drinking salt water. His testimony was weakened somewhat on cross-examination, as pointed out by defendant, by the admission that a certain named disease, sometimes acquired by cattle, would cause the passing of blood, but his testimony was uncontradicted to the effect that only salt water would create the condition in the stomach such as...