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AKERS v. ASHLAND OIL & REFINING CO.

No. 10586.

80 S.E.2d 884 (1954)

AKERS v. ASHLAND OIL & REFINING CO.

Supreme Court of Appeals of West Virginia.

Decided March 30, 1954.

Attorney(s) appearing for the Case

Fitzpatrick, Marshall, Huddleston & Bolen, Edmund A. Marshall, William C. Beatty, Huntington, for plaintiff in error.

J. Floyd Harrison, Wayne, for defendant in error.

BROWNING, Judge.

This is an action of trespass on the case in which Hobart Akers sought to recover from the Ashland Oil & Refining Company damages for alleged injury to approximately twenty-six acres of his farm land, as the result of oil from the defendant's plant being deposited on his land by a flooding of the Big Sandy River, which separates the plaintiff's farm from the defendant's plant. Upon a plea of the general issue, the case was tried to a jury, and...

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