Duvall

Respondents have made a fair statement of the case which we substantially adopt. From the complaint it appears that certain oil companies were operating in Kern County, and that waste oil escaped from their works and flowed down a watercourse adjoining their lands. This oil was carried by the water beyond the lands operated by said companies, across lands claimed and occupied by defendants, then beyond these and across other land until it was carried into a lake known as Buena Vista Lake. In consequence of the danger of the oil contaminating the waters of the lake, the operators constructed a dam below their lands and near the lake for the purpose of preventing said contamination, The operators then orally agreed with the plaintiffs that if they would maintain the dam and construct other works to prevent the oil from flowing into the lake they should be entitled to the waste oil escaping from the operators’ property that was. saved by means of the dam. The plaintiffs, thereupon, constructed said works for saving said oil. These works were constructed on the lands of the Kern Trading and Oil Company with the consent of that company. Afterward the defendants herein began the…