A municipality creating a nuisance by discharging sewage into a stream is liable to persons residing nearby for resulting damages. City of Edmond v. Billen, 170 Okla. 37, 38 P.2d 564; City of Tecumseh v. Deister, 112 Okla. 3, 239 P. 582; Oklahoma City v. Eylar, supra. The instructions, considered together, fairly and adequately instructed the jury as to the matters at issue.
There is no merit in this. Enid v. Brooks, 132 Okla. 60, 269 P. 241; Collinsville v. Brickey, 115 Okla. 264, 242 P. 249; Tecumseh v. Deister, 112 Okla. 3, 239 P. 582; City of Cushing v. Luke, 82 Okla. 189,199 P. 578; Ardmore v. Colbert, 52 Okla. 235, 152 P. 603; City of Cushing v. High, 73 Okla. 151; 175 P. 229; Sayre v. Rice, 132 Okla. 95, 269 P. 361; City of Edmond v. Billen, 170 Okla. 37, 38 P.2d 564; Oklahoma City v. West, 155 Okla. 63, 7 P.2d 888; Markwardt v. Guthrie, 18 Okla. 32, 90 P. 26, 9 L. R. A. (N. S.) 1150; 43 C. J. 1149. Complaint is made of the following instruction:
We therefore hold that the court did not err in refusing to sustain the demurrer to the evidence of the plaintiff or the motion for a directed verdict after all of the testimony was presented. Ward v. Coleman, 170 Okla. 201, 39 P.2d 113; Phillips Petroleum Corp. v. Dale, 170 Okla. 267, 39 P.2d 546; City of Edmond v. Billen, 170 Okla. 37, 38 P.2d 564. It is contended that the court erred in not instructing the jury that the lease obtained from the agency in which the plaintiff and defendant appeared as lessees created a cotenancy.