Eaton v. Green River Coal & Coke Co.

Opinion of the Court by

Judge Miller

Reversing;.

Appellants own a farm of 115 acres near Island, in McLean County. About 60 acres of tbe farm is fertile, high bottom land through which a creek flows from east to west. Appellee owns a coal mine located on said creek east of appellants’ land, and very near it. Appellee has operated this coal mine for the past eight or ten' years. The Louisville & Nashville railroad track runs across the eastern end of appellants’ farm, and under this track there is a culvert or opening for the creek to pass through.

In August, 1912, appellants brought this action…