CLAY, Commissioner.
This is a suit for damages brought by the appellee owner of the surface of land against the appellant owner of the coal mining rights thereunder. The cause of the complaint was the dumping of refuse on the surface incident to the washing and otherwise processing of coal mined on both appellee's property and other tracts. The jury was instructed appellant had no right to injure the surface by discharging refuse from coal brought in from other lands...
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