Norton Coal Mining Company v. Wilkie

Opinion of the Court by

Judge Logan

Reversing.

Appellees own a farm in Hopkins county near the town of Nortonville through which flows Pleasant Run creek. The farm consists of 231 acres. The creek bounds the farm for a distance, and then flows entirely across the farm, emptying into Drake’s creek, which creek forms the boundary to the farm for some distance.

Appellant operates a coal mine near Pleasant Run creek and in its watershed. A few years before the institution of this action, appellant installed a coal washing plant near Pleasant Run creek and within the watershed of that creek.

Appellees…