Lester Coal Corporation v. Lester

Ruby Ellen Lester, hereinafter referred to as the plaintiff, filed a motion for judgment against Lester Coal Corporation, hereinafter referred to as the defendant, to recover for the alleged unlawful hauling of coal by the defendant across the plaintiff’s land.

The evidence was stipulated, was considered by the trial court without a jury by consent of the parties, and a final judgment was entered in favor of the plaintiff in the sum of $688.87. From this finding we granted the defendant a writ of error.

The facts, as stipulated, show that in 1903 David J. Smith, and others, hereinafter referred…