Pan Coal Co. v. Garland Pocahontas Coal Co.

MEREDITH, PRESIDENT :

Defendant complains of a judgment rendered in an action for trespass upon plaintiff’s coal lands.

Plaintiff sued to recover (1) the value of coal wilfully mined and removed from its premises, and (2) damages for injury done to its unmined coal. Counsel for defendant urge that the declaration is subject to demurrer, because they say in effect that plaintiff’s case is based on two theories, — first, that it seeks recovery of the valne of the coal mined, without deduction of the expense of mining, and second, it seeks to recover damages done to the freehold. They argue that…