Lesher v. Carbon Coal Co.

The opinion of the court was delivered by

Hutchison, J.:

This is an appeal by defendant from an order overruling a motion for judgment on special findings and rendering a judgment for plaintiff on the general verdict.

*35The defendant coal company commenced the operation of a strip mine in the fall of 1925 near a farm of about 100 acres belonging to the plaintiff. On March 1, 1926, the plaintiff commenced this action against the defendant for $3,000 damages to his farm, alleging in substance that the defendant, in the operation of its mine, caused the drainage of mineral water from its mine to flow…