3 Most of the facts were stipulated, substantially as follows: plaintiff owned a certain designated quarter section of land. C.R. Colpitt and T.S. Colpitt owned and operated an oil lease in a section adjoining the section wherein plaintiffs land was located. Defendant Mid-Continent Pipeline Company owned and operated a certain pipe line which was used to transport oil from the lease of the Colpitts. Said Colpitts furnished power which operated the defendant companys pump used to pump the oil produced from said lease and stored in a tank thereon into said pipe line, the pump being located on their lease, and being owned by the defendant company. The pump was operated by an employee of the Colpitts. By virtue of an agreement which had existed between the Colpitts and the company for some time, the gauger of the defendant company customarily gauged the tanks on the Colpitt lease, and when one was ready for delivery, the gauger notified the pumper employed by the Colpitts, who thereupon connected the power to the pipe line pump, and pumped the oil into the pipe line of the defendant. On or about May 18, 1950, the regular pumper was injured, and a substitute pumper was hired by the Colpitts to take his place. He was instructed by the regular pumper in his duties. On that same day, he was advised by the gauger that a tank was ready for delivery; he thereupon connected the power to the pump for the purpose of transferring oil into defendants pipe line; in so doing, he failed to set the valves properly on the pump, and as a result, oil escaped from the pump into a stream from which it flowed onto plaintiffs land in an amount sufficient to cause damage or death to cattle pasturing on said land, if they drank sufficient quantities of said oil.