Republic Coal Co. v. Ward

Opinion of the Court by

Judge Clay

Reversing on cross-appeal.

Alleging that they were the owners and in the actual possession of a certain tract of land in Harlan county, and that the defendants, Republic Coal Company, W. F. Hall and others, entered thereon and wrongfully and willfully removed and converted to their own use about 50,-000 tons of coal of the value of $4.00 per ton, plaintiffs, T. S. Ward and others, brought this suit to recover damages in the sum of $200,000.00. The defendants denied that they wrongfully or willfully mined and removed the *369coal, but admitted that, by mistake and…