The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1886-12-09
THE SLICK CASE.
The 5,ry-s Vcrsies sliowstst G
T'saiafiE $E5s0 Dam.
ages.
JGdge Ja:la s. Friesaer's Charge 10
the Jury.

Jadge Jo:la s. FriesHer's Charge Il
the Jury.
The case of Tucker VS. the Co
lumbus & Hooking Coal & Iron
Co., (tie Syndicate closed Fri-
day afternoon, he Jury after one
hours deliberaiion returning a
verdict for Tucker, fixing the
damages at si500 co.
: The case was ably managed by
both sides.
Bob Price: who lived for many
: years at Siraiisville, and was fa=
! nli!iar with the methods of cper.
aiing mines. and frequent OIL
servor Of he movements of slack
impelled by wafer, made the el-
! feclivs argument to The Jury.
The following Is JUDGE FREIs-
NERs CHARGE:
] Gentlemen of the jury;
The questions you have been
enDaue!ed to Try are made by
The pleadings Of The parties, That
were read 10 you in The opening
Of this trial. The petition and
reply of the plaintiff, aud the an
swer Of the defendant, the sub
stance of which / will again
call 10 your attention.
The plainiin'in his petition says
that lie Is the owner of, and III
HE occupancy Of certain lands.
fully described in his petition
that the defendant is a corpora
ton duly organized under the
laws Of this State, empowered 10
| own, hold and occupy lands fer
The purpose of mining The same
for coal and minerals, and TO ear
ry on i'll this Safe Il general min
ing business.
Tliat-on The 1st day of March,
1888, and continuously since that
time, The defendan: was and has
been The owner and operator OF
extensive co mines, situated
along and near Sugar Run, a
stream in this county, which is a
tributary OF Monday Greek, above
and near he lands of the pi'f.
That during all the time since
March 1>t, 1888, the defendant
has continuously and intention
, ally thrown and deposited the
coal slack Dirt and refuse from
lis said coal mines, partly into
the channel Of said Sugar Run,
partly in large heaps upon the
immediate banks of said run and
its tributaries, and partly in ra
vines draining lnto said run, in
such manner and with the pur-
pose that the same should during
the rains and freshets, be washed
into said stream and carried
away thereby.
That as result of these acts of
the defendant, the coal slack dirt
and refuse deposited as aforesaid.
from tine TO time during the pc
riod named has been washed and
carried by said Sugar Run into
Monday Creek and along said
Monday Creek. so that the chan
uel of said creek where it runs
through the plaintiffs lands, be-
came and is almost completely
flied up Herewith. That the
waters of said creek every ordI-
nary rise thereof, overiiows its
banks, and large quantities ol
said coal slack and refuse has
been from time 10 time during
said period, carried and deposited
upon The bottom lands Of the
plaintiff, covering about Z acres
thereof with such slack and re-
fuse to Il depth of from 3 inches
TO 8 feet, rendering the land
wholly valuless.
That further, by reason of the
channel of said Monday Greek
being filed up as aforesaid, il no
longer drains the lands of The
plaintiff as il had always done
prior thereto, by reason whereof
about nine acres of plaintiffs
lands have been rendered swampy
during greater portion ol the year.
and without value for farming
purposes. making the remainder
OF his premise unhealthy and less
desirable for habitaiion.
That such slack and refuse so
washed inio the creek has rem
dercd the water thereof upon the
plaintiffs land obnoxious and
POISONOUS 20 live stock if watered
therein. UhuS preventing the plf
froa, using the wafer of said creek
for watering his live stock in said
stream. as he had ALWAYS before
HAT time been accustomed oi
riSht to do.
The defendant for Its answer
admits that it is a corporation.
and has been ever since March
1st, 1888; that the plaintiff has
been long prior 10 ihat time and
is now the owner Of the premises
described III his petition and i'll
the lawful occupation thereof.