Ague v. American Agricultural Chemical Co.

HARRY N. SANDLER, Circuit Judge.

Plaintiffs have brought this action against defendant for damages claimed to have been suffered by them to their property by reason of the escape of phosphate washings, dirt, slush and the like from a reservoir constructed and maintained by defendant on ad*134joining property in connection with a phosphate mining plant. To the complaint defendant has filed its motion to dismiss and motion to strike paragraph 3 which is as follows — “It was defendant’s duty to operate and carry on its mining operation so as not to permit or allow its waste, wash, or debris to escape…