Uotila v. Oliver Iron Mining Co.

Taylor, C.

The trial court granted judgment on the pleadings in favor of defendant and plaintiff appealed.

The defendant is engaged in operating the Missabe Mountain iron mine and in connection with that mine owns and operates a steam railway. It is also egaged in operating the Minnewas mine located about three-fourths of a mile from the Mountain iron mine. In October, 1923, defendant let a contract to Chris Christopherson to construct a ditch and water line across and along defendant’s rail way track from a water tank which it maintained at the Mountain iron mine to a storage tank near the…