MR. JUSTICE BARDENS delivered the opinion of the court.
This case presents the perplexing problems involved in a claim for damages based upon an alleged private nuisance. Since the factual situation is necessary to an understanding of principles involved we will state it in some detail.
Suit was filed June 16, 1951. Plaintiff's land is the surface of the northwest quarter of the southeast quarter of section 27, township 8 south, range 5 east of the third principal...
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