Hi Hat Elkhorn Mining Co. v. Newman

CLAY, Commissioner.

This is a suit for damages brought by the appellee owner of the surface of land against the appellant owner of the coal mining rights thereunder. The cause of the complaint was the dumping of refuse on the surface incident to the washing and otherwise processing of coal mined on both ap-pellee’s property and other tracts. The jury was instructed appellant had no right to injure the surface by discharging refuse from coal brought in from other lands, and it awarded appellee $2500.

Appellant’s principal contention is that under a standard mineral deed it could legally process…