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W. G. DUNCAN COAL CO. v. JONES

254 S.W.2d 720 (1953)

W. G. DUNCAN COAL CO. v. JONES.

Court of Appeals of Kentucky.

January 30, 1953.

Attorney(s) appearing for the Case

Duncan, Humphrey, Peabody & Oldham, Louisville, Jarvis & Ross, Greenville, for appellant.

W. D. Bratcher, Greenville, for appellee.

COMBS, Justice.

Plaintiff, Rhea Jones, recovered judgment in the lower court for $500 against the W. G. Duncan Coal Company for damage to crops allegedly caused by the company's deposit of poisonous mine water in a stream which overflows a portion of plaintiff's farm.

The first ground argued for reversal is that plaintiff is not the sole owner of the farm. It was developed during the proceedings that plaintiff and his wife hold title to the farm jointly, with...

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