Supreme Court of Oklahoma January 21, 1908, N. 1716, Okla. T. (Chicago, R. I. & P. Ry. Co. v. Groves)

Williams, C. J.

(after stating tbe facts as above). It is contended by plaintiff in error that the evidence was insufficient to entitle the plaintiff below, the defendant'in error here, to recover, for the reason that he did not show the existence of a “water course” or “waterway.” The defendant below moved the court to instruct the jury to. return a verdict in its favor.