Latonia Refining Corp. v. Dusing

Opinion op the Court by

Creal, Commissioner—

Affirming.

The Latonia Refining Corporation is appealing from a judgment against it in favor of Joseph Dusing for $1,850 as damages arising out of the pollution of Bank Lick creek, which flows through lands in the possession of and occupied by the latter.

By his petition filed December 20, 1930, as subsequently amended in support thereof and by proof, appellee made it appear that his father, H. Dusing, owns a tract of about 96 acres of land in Kenton county, made up of two boundaries and through which Bank Lick creek flows. Pursuant to an agreement…