Fenwick v. Blue Bird Coal Co.

JUDG-E CULBERTSON

delivered tbe opinion of tbe court.

Tbe plaintiffs, C. C. Fenwick and Zula B. Davis, filed an action as against defendant-appellant, Blue Bird Coal Company, a Corporation, and another coal company, Delta Collieries Corporation, to recover damages to growing timber upon tbe land owned by plaintiffs by reason of mineral impurities wbicb plaintiffs contend were permitted to drain upon tbe premises of plaintiffs from tbe coal mines of defendants. It is asserted that as tbe result thereof timber owned by plaintiffs was killed.

In tbe trial, before a jury, tbe jury returned a verdict…