Wiggins v. Brazil Coal and Clay Corp.

ON PETITION TO TRANSFER

DeBRULER, Justice.

In this case the owners of a strip pit in Clay County, Indiana sued a strip mining company for damages and an injunction for causing the loss of water from their strip pit. The trial judge made special findings of fact and entered his conclusions of law and final judgment in favor of the defendant coal stripping company. On appeal, the First District Court of Appeals at 440 N.E.2d 495 reversed and in so doing modified case law by adopting the Restatement of Torts provisions for determining the liability of users of ground water. Transfer is granted and…