New Birmingham Development Co. v. B. F. Brooks Const. Co.

The appellant is a private corporation and owns a tract of mineral land, situated near the town of Rusk in Cherokee county. This land was valuable mainly for the iron ore which, it contained. Twenty-five or thirty years prior to the filing of this suit, some of the ore had been mined and left piled in beds. Much of the land was covered with loose rock lying on the surface. In May, 1925, the Brooks 'Construction Company, the appellee, had a contract with the town of Rusk to build a dam for the purpose of providing a municipal water supply. In order to secure material needed in the construction…