Owl Creek Coal Co. v. Big Horn Collieries Co.

KENNEDY, District Judge.

The plaintiff and defendant are engaged in mining coal in adjacent territories in the northern part of this state. The plaintiff began a suit in equity seeking to enjoin the defendant from taking out the last pillars of coal in its territory adjacent to that of the plaintiff, upon the ground that the aetion on the part of the defendant would cause its property to cave, and, being heavily watered, that the plaintiff would not have any method of pumping out the water for the protection of its own property, except through the entryways and use of defendant’s workings,…