[Download] "Elkhorn Coal Corp. v. Johnson" by Court Of Appeals Of Kentucky * Book PDF Kindle ePub Free
eBook details
- Title: Elkhorn Coal Corp. v. Johnson
- Author : Court Of Appeals Of Kentucky
- Release Date : January 18, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Luther Johnson sued the Elkhorn Coal Corporation for damages to his house and water well alleged to have resulted from the mining of coal under his premises by the coal company. He recovered a judgment in the amount of $4,000. On appeal to this Court the judgment was reversed. Elkhorn Coal Corp. v. Johnson, Ky., 249 S.W.2d 745. In the opinion it was pointed out that the deed of mineral rights to the coal company expressly granted the company the right to remove pillars and other subjacent supports, and released the company of any liability for damage to the surface of the land. This Court held that, in view of the terms of the deed, the company could be held liable only upon proof that it conducted its mining operation in an arbitrary, wanton or malicious manner, and since the case had not been tried on that theory, it was remanded for a new trial.
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