Iverson v. Vint

Plaintiffs owned and occupied as their home a 4.95-aere tract, a short distance north of Rock Kapids. Defendant operated a feed mill upon an adjacent railroad right of way. He used molasses in the manufacture of certain stock foods. This Avas kept in a concrete pit. Some of it crystallized into a lumpy liquid and became unusable. Defendant caused this (he estimated 2000 gallons) to be dipped from the pit into a wagon and dumped into a ditch along the railroad right of way, about eighty-five yards from plaintiffs’ dwelling house and well. There was evidence the ditch was four to eight feet…