The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1886-12-09

The Statutes of Ohio, Sec. 6925, pro-
vides: Whoever Intentionally throws
or deposits, or permits to be thrown or
deposited, any coal Girt, coal slack,
coal screenings or coal refuse from
coal mines upon or into any
OF the rivers, lakes, ponds or streams
OF this State, or upon or into aDy place
from which the same will wash into any
such river, lake, pond. or stream, shall
be fined in any sum not more than two
hundred nor less than ifty dollars"
Now while this proceeding before
you is not prosecution for the viola
tion Of this criminal statute, the charge
in the petition is, that the defendant
has been guilty of the acts made un-
lawful by such statute, and the law is,
where one suffers special injury in his
person or estate as q consequence Of
anether's criminal mislemeanor, he
may have his action and recover for
sach injury against the wreng door.
Much has been said about the i'm
| portance of the mining operations with
IN the county and state, and the i'm
possibility, or at lesst impractical bility
Oi operating said mines without depos-
iting The slack and refuse ir.such places
thai ii must find its way in the streams
OF the state, with which matter you
have nothing 20 do.
The question That you have TO deal
with is es to whether the defendant du
riag the time complained of in the Pc
tiliun, done the acts therein charged,
and whether injury resulted TO the
/. piaintiEs lands therefrom.
You will observe the defendant must
have Intentionally, during the time
complained of in the petition, March
lst. 1888, to April 24th, 1856, the date
OF TIE fling OF the petition, deposited
. this slack or refus.: from its mines in
! THIS creek, or at some place that it
would naturally and necessarily be
carried into said creek, or he must have
Intentionally permitted the same TO be
done, and by permission here Is meant
!. that having the power and control over
| the operation OF said mines and know
ing said slack and refuse was being so
deposited, failed and neglected TO pre-
I ven. the same.
Where the slack and refuse is not
thrown Or deposited directly in the
creek, but at 4 place where it is claimed
| it will be washed into such Stream, the
defendants intention must be gathered
from the circumstance under waich the
same was deposited.
One io presumed to have intended
the natural consequence of his act
pUrposely done, and if this slack or re-
fuse WAS deposited at such u place BIZ
the defendant that 1t must naturally
and necessarily be washed into the
| creek or stream, the intention that it
would be so washed must be presumed
This is a practical question, and the
| defendant must be held to the exercise
of care and caution in the deposit of its
slack to avoid IS being washed into the
stream. and that IS such care and eau
ton that man OF ordinary prudence
and intelligence, desirous of preventing
such slack being washed in said stream
would exercise in making such deposits,
and if it coul1 not be DEPOSITED upon
said land without it being necessarily
washed in the stream, as must be aDpa-
reI.t TO any man OF ordinary intelli-
gence, then it was the duty of the de.
iendant not to cause its deposit upon
.aid land.
Upon the other hand the defendant
cannot be held liable for any unusual
result. or one that would not be antici-
pa;ed by man exercising ordinary in
telligence while depositing the slack
upon his own land, and if injury re-
salt from such deposit to another. it
must be held On accident for which the
defendant is not responsible.
So you will look into this testimony
and determine Did the defendant de-
p,'sit or permit to be deposited the slack
and refuse from its coal mines in this
stream, CIR did it deposit such slack and
refuse at some place or places. whether
upon its own land or elsewhere, from
which it was its legal duty to know
that such slack and refuse would be
washed into the stream, and was such
slack and refuse washed from there in
to said stream
Should you determine this question
in favor of the plaintiff, You will 20
further and ascertain if the slack and
refuse so deposited caused the injury,
or any part of it complained of in the
petition.
1t is perhaps proper that should say
the defendant being an artificial per-
son in Law, a corporation acting oaly
through its officers, agents and em-
ployes, ,inno wise affects the question of
its liability, and requires no different
application of the law than If it was
natural person-an individual operat-
ing tie mines. That fact neither adds to
ncr takes from it any responsibility for
such acts, and You are not permitted,
under your oaths, to ALLOW that fact to
affect your Judgment or findings in any
way.
The defendant must be held respou-
sible for .the conduct and acts of its
agents and employees done in the pros
ecution OF its business, either when
such acts are done under the direction
Of its officers and superintendants, or
when such acts are continually persist
ed in within the knowledge of its Oils
GERS and superinten dants, and are not
by them discontinued and prevented.
Again, the defendant must be held IS
the operator of the mines and response
bic for the same so long as it retains
the right 10 control and manage the op>
erations of the same, whether the Oper-
atiors are carried on by persons under
q contract to mine for the benefit of the
defendant as their agents, or whether !
ms naged directly by the officers of the
company.
U5on the other hand, if any of said |
mines have been leased to other per-
sons to be operated by them, for their |
own benefit, and under their own con-
troll and management, then the defend
ami cannot be held Responsible for the /
management and operation of said |
mines during the time they are SO held /
and operated, or for any deposits there
from.
The plaintiff must next satisfy You
bv n preponderauce OF the evidence !
tb,t :be wrongful acts Of the defendant
resulted in the injury complained oi' or
some part OF 1t. Wv ,h
For it makes no difference how mnch !
the defendant may have violated the
law, or how guilty Of wrong you may
find il 20 be, unless the plaintiff has