We have many times held that a jury may draw logical inferences from facts put in evidence, but we have repeatedly held that they may not base their verdict upon an inference drawn from another inference. Prest-O-Lite Co., Inc., v. Howery, 169 Okla. 408, 37 P.2d 303; Turman Oil Co. v. Carman, 179 Okla. 388, 65 P.2d 963. In the instant case, to sustain their verdict, this would be necessary.
See Pine v. Rizzo, 186 Okla. 35, 96 P.2d 17. Such connection cannot be established by basing inference upon inference, or presumption upon presumption. Prest-O-Lite Co. v. Howery, 169 Okla. 408, 37 P.2d 303; Turman Oil Co. v. Carmen, 179 Okla. 388, 65 P.2d 963."
See Pine v. Rizzo, 186 Okla. 35, 96 P.2d 17. Such connection cannot be established by basing inference upon inference, or presumption upon presumption. Prest-O-Lite Co. v. Howery, 169 Okla. 408, 37 P.2d 303; Turman Oil Co. v. Carmen, 179 Okla. 388, 65 P.2d 963. A showing that gas was escaping from the surface at the point where the abandoned wells were plugged does not justify the presumption that gas, oil, or other pollutive substances escaped from said wells into the fresh water strata underneath the surface and followed such strata a distance of approximately one-half mile to plaintiff's water wells, resulting in the damage complained of. In the case of Cities Service Gas Co. v. Eggers, 186 Okla. 466, 98 P.2d 1114, we sustained a recovery of damages for pollution of fresh water strata.
The nine leases of defendants drained south into the creek which traversed the land in question, and are the only leases draining into that creek. It was shown by undisputed evidence that with the exception of one defendant, hereinafter discussed, salt water in considerable quantities was being run or piped directly into the creek by each of the defendants. The defendants assert that the witness who testified that they were permitting salt water to escape into the creek made his inspection, wherein he observed that fact, more than a year after the injuries were sustained. They say that this was too remote in point of time and that the judgment should be reversed for that reason, citing Thurman Oil Co. v. Carman, 179 Okla. 388, 65 P.2d 963. The record does not support the contention of defendants as to the evidence in this connection. It reveals that the examination was made within a week or ten days of the date upon which the cattle were last removed from the pasture. Furthermore, as stated above, the leases of the defendants were the only leases which for some years had drained into that creek, and evidence was adduced showing that the water had been of high salt content for the past several years.