Sprankle v. Bart

—The complaint in this cause in substance alleges that appellee, who was plaintiff below, was at the time of the commencement of this action and for five years prior thereto had boon the owner in fee of certain lands situate in Allen county and described in the complaint, through which a certain ditch had been constructed; that appellant on the 25th day of May, 1898, had a contract to clean said ditch, and that while so doing he carelessly, negligently and unlawfully, and without the knowledge or consent of the appellee, placed coal and oil waste upon the appellee’s lands, which were then…