Norton Coal Mining Co. v. Wilkey

Opinion op the Court by

Judge Rees

Affirming.

Appellees, L. P. Wilkey and W. M. Wilkey, who were the plaintiffs below, own 231 acres of land near Norton-ville in Hopkins county. Pleasant Run creek flows through the farm. All of the land is lowland subject to overflow." The Norton Coal Mining Company operates a coal mine and washery in the watershed of Pleasant Run creek, and plaintiffs brought this action to recover damages to their farm and growing crops alleged to have been caused by the pollution of the waters in Pleasant Run creek resulting from the operation of appellant’s coal washery.

This…