Blankenship v. Kansas Explorations, Inc.

This is an action for damages alleged to have been caused by the mining operations of defendant, in running and dumping sludge and debris into the mill pond of plaintiffs whereby, it is charged, the pond was so far filled as to destroy the water power by which plaintiffs had operated a custom or grist mill. The appeal of defendant is from a judgment in favor of plaintiffs in the sum of $10,000.

The plaintiffs, husband and wife, were owners in fee simple of a tract of twenty-four acres of land extending upon both sides of Center Creek, a non-navigable stream in Jasper County. A dam…