Abrams v. Sherwin

Opinion by

Henderson, J.,

The defendant, desiring to increase the efficiency of his mining operation, entered into an agreement with the plaintiff who owned an adjoining farm by which the defendant was authorized to deposit earth, rock, cinder and other waste of the mine on a part of the farm. Pursuant to this agreement, through the course of years, there was removed from the mine and placed on the plainant’s land a large body of such waste in the form of a bank or dyke, having a height at one end of about two feet and at the other of about fifteen or sixteen feet, with a width at the base of…