The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1919-01-14
NINE DRAINAGE
C0USES LAWSUIT
All Sorts Of Personal and
Engineering Complica-
tons in Case.

According to Attorney Harry Shaw,
representing the defendant, cedric
Layman in the case Of George Adams
vs. cedric Layman, which came before
9 jury the first thing this morning, the
case grows Out apite work. Attorney
Henry Lively. however, is attempting
to show the jury that such is not the
case and that George Adams Is en-.
titled to the $4,000 damages which he
asks. At IL o'lcock the jury and
others interested went in body in an
automobile back of Palatine on the
Coliax road, Where the land said to- be
damagedis located. They returned for
a continued session in court this at
ternoon.
Facts as represented by both sides
in this case so lap and overlap tnas
the keenest interest will be m2intain-
ed until a verdict from the jury 10
brought in. AS explained by Attorney
Lively for the plaintiff, the case con
Germs flow Of water from 9 mine
owned BY cedric Laymatl. George
Adams lives next to Layman and OPP
crates coal mine which mas an eie-
walton Of about fifteen feet 10 one
point and then slopes up again tormlng
= pocket. Outside Of the mine, Layman
dug a we'll about 6x9 and tunneiea .
hole from the top Of 1t into his mine.
In M thia way. water went through the
drain into the reservoir. Dut TINS vas
not sufficient to take care OF 1t anu
the sulphur from the coal wafer ses.
tied at the bottom and overtioweq1 = IRON y.
tha TOP over Layman's land. ~ y
claimed that the sulphur WAFER olo
damage to this land.
In 1917 the mine was turned over
to two ofLayman's sons, now II
France, who operated 1t on their own
account. 1'hese boys dug ditch across
the county road, eight feet deep u
one place, t.lyerting all the water 70
Adams farm which continues to How
in continuous volume today.
To make the case still more inter
.esting, two springs near the farm
belonging to Adams, one on Layman's
land and one on Adams land, emptied
through Adams place and Joined the
other stream diverte across the county
road. The water at that time was very
pure and the cattle and other stock
drank 1t. After the water began to
drain on Adams land, It became so
bad that not even q chicken could
drink it, being mixed with the sulphur
water from the mine. In addition to
this the land became 80 marshy that
horses sometimes got In knee deep
and couldn't get out. Adams farm
covers about six acres which can't
be moved over on account OF the
water which has settled there. AS
Adams Farm Is in a pocket shape, the
only water he has for his stock comes
from an inadequate stream high up
which the cattle won't go to. There is
no water for them to use on lower
levels. because Of the contaminated
stream. X.
suit grows out OF q feeling Of ill-will
existing for sometime and that neither
Laymon nor Adams have been on
speaking terms for FEARS. He says
Layman happens to have about an
acre Of Pittsburgh coal which he
wanted to mine and sell to farmers.
He claims that the Lor dmade the
drain and that Adams builtia stone
wall which caused the water which
flowed from Iayman's mine to fill up
the mine, preventing any mining TO
go on. Layman then built d reservoir
SO ne could operate. Adams wanted a