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WEST KENTUCKY COAL COMPANY v. RUDD

328 S.W.2d 156 (1959)

WEST KENTUCKY COAL COMPANY, a Corporation, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. NORTON COAL MINING COMPANY, a corporation, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. WILLIAMS COAL COMPANY, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. W. G. DUNCAN COAL COMPANY, a Corporation, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. ZIEGLER COAL AND COKE COMPANY, a Corporation, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. BELL AND ZOLLER COAL COMPANY, a Corporation, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. HOMESTEAD COAL COMPANY, a Corporation, Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee. TERTELING BROS., INC., Appellant, v. Nevelyn RUDD, Administratrix with the Will Annexed of the Estate of C. B. Moore, Deceased, et al., Appellee.

Court of Appeals of Kentucky.

October 9, 1959.

Attorney(s) appearing for the Case

James G. Wheeler, Paducah, James F. Gordon, Madisonville, for West Ky. Coal Co.

Wm. P. Donan, Greenville, for appellants Terteling Bros. and Norton Coal Mining Co.

James G. Wheeler, Paducah, for Williams Coal Co.

Woodward, Bartlett & McCarroll, Owensboro, for appellants Zeigler Coal and Coke Co. and Bell and Zoller Coal Co.

Sam T. Jarvis, Greenville, for appellants W. G. Duncan Coal Co. and Homestead Coal Co.

John B. Anderson, Owensboro, for appellee.

CULLEN, Commissioner.

C. B. Moore, owner of a 528-acre farm lying on Pond River, in Hopkins and Muhlenberg Counties, brought action against eight coal mining companies who operate in the Pond River drainage area, alleging that the companies were casting and discharging from their properties large quantities of coal slack, copperas waters and other deleterious substances which were carried into the waters of Pond River and were deposited on his land during overflow...

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