In the second of such actions, plaintiff W.H. Runyan again obtained a judgment in his favor, which was reversed by this court on appeal and the cause remanded for a new trial for the reasons stated in the opinion of City of Henryetta v. Runyan, 207 Okla. 300, 249 P.2d 425. When a new trial was had in the second action, the third action, which was brought by both plaintiffs, was consolidated with it and the two were tried together. The combined trial of the second and third actions resulted in the sustaining of a demurrer to plaintiffs' evidence, and the affirmance of such action by this court in the case of Runyan v. City of Henryetta, Okla., 280 P.2d 712. It is the last mentioned judgment and opinion that defendant relies upon for its pleas of res judicata and estoppel by judgment. One of the paragraphs of plaintiffs' petition herein alleges that plaintiffs are the owners of 80 acres of land in section 22, Twp.
Upon appeal, the action of the trial court was affirmed. See Runyan v. City of Henryetta, Okla., 280 P.2d 712. Thereafter the present action was filed in February, 1956. The trial court sustained a demurrer to the petition and dismissed the action.
Carter v. Pinkerton, 194 Okla. 34, 146 P.2d 842. Although, in view of our previous decisions in cases between these same parties on this subject matter, City of Henryetta v. Runyan, 203 Okla. 153, 155, 219 P.2d 220; Id., 207 Okla. 300, 249 P.2d 425; Id., Okla., 280 P.2d 712, the plaintiffs' evidence as to the discharge of silt and sediment in the creek may not be sufficient to establish a prima facie case, as to each element of plaintiffs' claimed damages, plaintiffs have sought recovery on each of four claims, not separately stated and denominated as different causes of action. The trial court sustained a general demurrer to plaintiffs' evidence.