Filtrol Corp. v. Hughes

Sydney 'Smith, CL J.,

delivered the opinion of the Court.

The appellee and one of appellants are adjoining landowners. The level of the appellant’s land is higher than that of the appellee and in its natural state surface water flowed therefrom onto appellee’s land into a natural drain thereon, which carried it to Strong River, a natural water course. The clay under the surface of the appellant’s land contains bentonite, a mineral suitable for several commercial purposes. The owner of this land and the two other appellants are engaged in removing clay containing this bentonite from the land. In…