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D constructed artificial earthen ponds to put polluted water into from their oil well operations. Water escaped from one of these ponds, passed over P’s land, and ran into natural water holes that P used to supply his livestock with water. The distance was six miles between D's ponds and P's natural water holes. P sued D. The jury found that D did allow salt water to overflow, but they acquitted D of negligence. P appealed.

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