Blue Diamond Coal Company v. Campbell

CULLEN, Commissioner.

The appellants, holding a deed of mineral rights, conducted strip and auger mining operations on a 40-acre tract of land on which the appellees owned the surface rights. The appellees brought action for damages, claiming that the mining was done in reckless disregard of their rights. Upon a jury verdict awarding $3,000 damages judgment was entered, from which this appeal is taken.

The terms of the mineral deed were such as to make applicable in this case the rule stated in Buchanan v. Watson, Ky., 290 S.W.2d 40, that the holder of the mineral rights is not liable for…