Republic Steel Corporation v. Stracner

SIMPSON, Justice.

This is an action by the superjacent owner of land against the subjacent miner for damages for the destruction of a well on her property.

For purposes of this discussion it will be presumed that the well was from percolating water, there being no proof to the contrary. 67 C.J. p. 834, § 248.

The rule of our cases is that liability for damages resulting from disturbance of the land surface from mining operations is absolute, regardless of the question of the exercise of due care by the miner. Sloss-Sheffield Steel & Iron Co. v. Wilkes, 236 Ala. 173, 181 So. 276; Id., 231 Ala.…