Rutledge v. Brilliant Coal Co.

FOSTER, Justice.

This is an action for damages by appellant against appellee, claiming that appellee conducted coal mining operations near Clifty Creek, wherein appellee caused coal to be washed and the waste water to pour into the creek and contain coal dust, slack, cinders, muck and other debris, and to flow from Clifty Creek into New River, which flows by plaintiff’s land, and in February and March, 1943, the river overflowed its banks covering certain land of plaintiff, and causing a deposit upon his land of a large amount of sludge, depreciating its value, and also polluted the water, and…