Enders v. Sinclair Refining Co.

*256The following opinion was filed December 3, 1935 :

Rosenberry, C. J.

The controversy between the parties can best be stated in connection with Exhibit 16, a copy of which is reproduced herewith :

The street running in a northwesterly direction is known as Main street. The figures upon the map show the various *257elevations based on a bench mark designated fifty. Plaintiffs’ well is adjacent to their hotel property in the acute angle formed by Main street and the east and west highway, and is distant six hundred seventy-five feet from the defendant’s bulk-station plant. The surface of the soil at…