Nichols v. Woodward Iron Company

GOODWYN, Justice.

The appellant, Mrs. Nannie Nichols, brought action against appellee, Woodward Iron Company, in the circuit court of Jefferson County to recover damages allegedly resulting from disturbance of her husband’s grave by defendant’s mining operations. The jury returned a verdict for the defendant and judgment was rendered accordingly. Plaintiff’s motion for a new trial being overruled, she brought this appeal.

The case went to the jury on plaintiff’s Count A and defendant’s plea in short by consent.

Count A, in substance, alleges that the defendant engaged in underground mining…