Chesapeake & Ohio Ry. Co. v. Harris Stanley Coal & Land Co.

SWINFORD, District Judge.

This is a proceeding to enjoin a threatened trespass. The case is pending on a temporary injunction and is now considered on the defendants’ motion to dismiss the complaint and the plaintiff’s motion for a permanent injunction.

The plaintiff, the Chesapeake and Ohio Railway Company, operates its trains over tracks adjacent to the defendants’ coal lands. The defendant, Harris Stanley Coal and Land Company, owns the coal land in fee simple. The defendants, Paintsville Millers Creek Collieries and Alexander Cameron, are now engaged in mining the coal under a lease. Much…