Patterson v. Peabody Coal Co.

delivered tbe opinion of tbe court.

This case presents the perplexing problems involved in a claim for damages based upon an alleged private nuisance. Since the factual situation is necessary to an understánding of principles involved we will state it in some detail.

Suit was filed June 16, 1951. Plaintiff’s land is the surface of the northwest quarter of the southeast quarter of section 27, township 8 south, range 5 east of the third principal meridian, except a railroad right of way of 100 feet running diagonally through the premises. The ownership of coal had been separated from that of the…