Middle Creek Coal Company v. Harris

Opinion op the Court by

Judge Logan —

Reversing.

The former opinion in this case is found in 205 Ky. 119. The facts are fully stated in that opinion. The only thing left to be determined at the second trial was the reasonable royalty value of the coal taken from the one acre reservation by appellant.

Before a jury could determine the value of the coal in place which was taken from the one acre reservation it was necessary to have a definite location of the one acre reservation or else such location must have been determined by the jury. The boundary of this reservation is set out in the former…