Middleton v. Harlan-Wallins Coal Corp.

Opinion of the Court by

Judge Thomas

Affirming.

The appellant and plaintiff below, Green B. Middleton, owns the surface of a tract of land in Harlan county, described in the petition. The defendant and appellee, Harlan-W allins Coal Corporation, owns the coal in place thereunder, as well as the coal similarly situated in a much larger boundary, and which embraces the surface ownership of plaintiff. In its operations to extract the coal from under plaintiff’s surface, it made a tunnel thereunder at least some of which was made by extracting coal. After the entry and other passageways were made…