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Publisher 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. Upon the second trial, the jury awarded damages in the sum of $2,000, under an appropriate instruction requiring the jury
to find that the company's conduct was arbitrary, wanton or malicious. From the judgment entered upon that verdict the company
has again appealed, maintaining that it was entitled to a directed verdict.

GENRE
Professional & Technical
RELEASED
1953
18 December
LANGUAGE
EN
English
LENGTH
2
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
52.9
KB