WEST KENTUCKY COAL COMPANY v. Rudd

CULLEN, Commissioner.

C. B. Moore, owner of a 528-acre farm lying on Pond River, in Hopkins and Muhlenberg Counties, brought action against eight coal mining companies who operate in the Pond River drainage area, alleging that the companies were casting and discharging from their properties large quantities of coal slack, copperas waters and other deleterious substances which were carried into the waters of Pond River and were deposited on his land during overflow periods, causing damage to the productivity and fertility of his land. He sought a permanent injunction, and damages. The action…