Gatson v. Farber Fire Brick Co.

Plaintiff filed his petition in two counts each of which is based upon allegations that the surface of a part of plaintiff’s eighty-acre farm has subsided and other portions were subsiding and would subside owing to the fact that defendant had mined clay under the surface of plaintiff’s land and failed to leave sufficient support for the surface thereof. One count is for damages arising out of the alleged subsidence of the surface of plaintiff’s land, and the second count seeks to enjoin defendant from continuing to mine under plaintiff’s land in the manner alleged theretofore to have been…