Tailings, Lexington Mine; Scope and content: From Hugh Magone v. Colorado Smelting and Refinig Co., Magone sued for damaged because the piles of tailings from the ore concentrator and smelter operated by Anaconda poluted the waters of the Deer Lodge River and his farm in Deer Lodge Valley. Citing the economic benefit of the mines and smelters to the region the Master of the Chancery said the plaintiff ought to have known the water was polluted and refused to award monetary damages.

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