Feder v. Perry Coal Co.

Appellee, herein referred to as the plaintiff, instituted an action in case against appellant, herein referred to as defendant, to recover damages to his poultry, livestock, crops, habitation and personal injuries to himself, alleged to have been caused by the gases, fumes and smoke coming on to plaintiff’s property from a burning slag pile located on the property of the defendant.

The evidence shows that plaintiff began occupying the lands described in the declaration in 1922 as a tenant farmer under a lease from year to year; that in 1931, he cultivated said lands in corn, oats, soy beans,…