Nauvoo Black Creek Coal Co. v. Johnson

GARDNER, Justice.

The appeal is by defendant from a judgment rendered on plaintiffs’ complaint, claiming permanent injury to their land, which was used for agricultural purposes, alleged to have been caused by pollution of a stream of water running through the same.

The proof was conflicting as to whether or not the lands, comprising twenty-three acres, were in fact damaged, and that issue was properly left for the jury’s determination.

Upon the question of damages, plaintiffs relied upon proof as to the value of the land before and after the overflow and within the one-year period of the…