Smith v. Magnet Cove Barium Corp.

Griffin Smith, Chief Justice.

Town Creek, with its source north of Malvern, runs through part of the City, and eventually, empties into Ouachita River. Magnet Cove Barium Corporation in its milling operations utilizes the creek for disposal purposes. Ore-bearing earth, from which barium is separated, goes through the mill where large quantities of water are used in conjunction with chemicals, in consequence of which a liquid residue passes into the drainway. When dry it becomes whitish gray; and because of the high state of pulverization, this excess — referred to as “tailings’’ — hardens and…