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UNITED ELECTRIC COAL COMPANIES v. BROWN

354 S.W.2d 502 (1962)

The UNITED ELECTRIC COAL COMPANIES, Appellant, v. Jesse BROWN et al., Appellees.

Court of Appeals of Kentucky.

February 23, 1962.

Attorney(s) appearing for the Case

Nichols & Nichols, Madisonville, for appellant.

Vert C. Fraser, Province, for appellees.

CLAY, Commissioner.

Appellee plaintiffs recovered a $5,000 judgment for alleged permanent damage to their farm which they claimed was caused by the discharge of "copperas" water from appellant defendant's strip mining operation.

In 1952 plaintiffs purchased a 286 acre farm in Hopkins County. Its most productive part consists of about 70 acres of bottom land traversed by Buffalo Creek. Several times a year this bottom...

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