Gilmore v. Royal Salt Co.

The opinion of the court was delivered by

Mason, J.:

In the course of its operations in mining rock salt the Royal Salt Company deposited upon its own land a quantity of refuse salt, which in a few years created a dump containing about 40,000 tons. S. J. Gilmore, the owner of an adjacent tract, claimed that the rain dissolved a part of this salt and by percolation carried it into the soil of his land, injuring the vegetation and imparting a saltish taste to a number of springs. He asked an injunction against the practice. He was denied relief and appeals.

The trial court found in effect that the…