Livingston v. Moingona Coal Co.
Supreme Court of Iowa
Appeal from Boone Circuit Coivrt. Action at law to recover for damage sustained by plaintiff on account of defendant mining coal situated under the bouse and premises of plaintiff, and tbe adjacent streets. There was a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
I. One count of the petition charges that defendant negligently removed the coal from the mines under plaintiff’s premises without making or leaving sufficient supports to uphold the earth above the coal, and by reason of such want of care the surface was broken up, and defendant’s house was injured. Other counts charge that defendant, without authority, removed the coal lying under the surface of the premises of plaintiff, and of the streets adjacent thereto.
The answer alleges that the plaintiff is not the absolute owner of the premises, but that his ownership is derived through a deed,…
2Cited by14 opinions
- Collins v. Gleason Coal Co.Supreme Court of Iowa · 1908
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SimpsonIndiana Supreme Court · 1914
- Catron v. South Butte Mining Co.Court of Appeals for the Ninth Circuit · 1910
- XI Properties, Inc. v. RaceTrac Petroleum, Inc.Tennessee Supreme Court · 2004
- Kuhn v. Fairmont Coal Co.Court of Appeals for the Fourth Circuit · 1910
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