Woodward Iron Co. v. Earley

GARDNER, Chief Justice.

Plaintiff is the owner in fee simple of the surface rights of a tract of land consisting of about half an acre, upon which is situated his dwelling. The location is a few miles from the mining town of Mulga in Jefferson County, Alabama. He moved in 1940 to this particular location, upon which was a well 95 feet in depth, with an abundance of water. In this suit against the Woodward Iron Company plaintiff recovered judgment in the sum of $1500 upon the theory that its mines, under and adjacent to his home, had been negligently operated to such an extent as to cause his…