Beaver Dam Coal Company v. Daniel

Opinion op the Court by

Commissioner Tinsley—

Affirming.

The appellees are the owners of a tract of 50 acres of land in Ohio county on Ben’s Lick, a branch of Rough river. Further up the branch is a large tract of land belonging to appellant, on which it is now, and from which it has been for several years past, mining and producing coal. In their petition appellees alleged that since March 1,1927, the appellant had permitted copperas and copperas water to collect in its mine and to escape therefrom into Ben’s Lick, to be carried by that branch, and to spread over 25 acres of their land, and to…