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WILSON v. MISSOURI-ILLINOIS R. CO.

No. 4014.

29 F.2d 665 (1928)

WILSON v. MISSOURI-ILLINOIS R. CO.

Circuit Court of Appeals, Seventh Circuit.

December 12, 1928.

Attorney(s) appearing for the Case

David E. Keefe, of East St. Louis, Ill., for plaintiff in error.

Ralph Lesemann, of East St. Louis, Ill., for defendant in error.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.

PAGE, Circuit Judge.

This appeal is to test the sufficiency of the declaration, as against a general demurrer sustained thereto. Plaintiff's theory is that he cannot mine and remove his coal, because the additional weight of water, impounded by defendant on the surface above, would cause a subsidence that would let the water down into his mine and injure the property and endanger human life. The averments are:

(a)...

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