W. G. Duncan Coal Co. v. Jones

COMBS, Justice.

Plaintiff, Rhea Jones, recovered judgment in the lower court for $500 against the W. G. Dimcan Coal Company for damage to crops allegedly caused by the company’s deposit of poisonous mine water in a stream which overflows a portion of plaintiff’s farm.

The first ground argued for reversal is that plaintiff is not the sole owner of the farm. It was developed during the proceedings that plaintiff and his wife hold title to the farm jointly, with the right of survivorship. Although it would have been better practice to join the wife as a plaintiff, we do not regard the omission as…