Tankersley v. Peabody Coal Co.

Plaintiffs brought an action for damages in the circuit court of Christian County against the defendant, Peabody Coal Company, for alleged removal of subjacent support creating subsidences in farm land, and for loss of crops. The jury returned verdicts of $8,000 and $1,200 in favor of plaintiffs Tankersley and Norville, respectively. Defendant filed a motion for judgment notwithstanding the verdicts, which was denied, but made no motion for a new trial. On defendant’s appeal the Appellate Court reversed the judgment on the ground that there was no competent evidence to support the verdicts…