Kentucky Block Fuel Co. v. Roberts

*138Opinion op the Court by

Commissioner Hobson—

Reversing.

W. J. Roberts owns a farm on Sbelby creek in Pike county. The Kentucky Block Fuel Company operates a coal mine on tbe opposite side of tbe creek from Roberts. He brought this suit ag’ainst it alleging that in connection with its mines it maintained a slate refuse dump on what is known as the Pink Mullins hollow, where large quantities of slate, rock and refuse matter from its mines were carelessly dumped by it to such an extent that the hollow would not hold same and this matter washed into Shelby creek and clogged up the channel opposite…