Marquette Cement Mining Co. v. Oglesby Coal Co.

SANBORN, District Judge.

This is a bill for an injunction by the owner of a limestone cement mine to restrain the defendant from so operating its mine situated directly beneath the former as to remove the subjacent support. It is conceded, and shown by the evidence of both parties, that there is an actual subsidence of 20 to 25 inches. The defendant, while admitting subsidence, contended on tire trial, and gave evidence tending to show, that it was so gradual that the damage occurring in plaintiff’s mine was not caused by such subsidence, but resulted from a careless and improper manner of…