Phillips v. Sipsey Coal Mining Co.

It should be said as to the discharge of débris from other mines of complainant, upon the surface of Phillips' land, that such matter is usually made specific by the stipulation on written contract. The authorities now urged by appellee, as to the right of discharge of such débris, are cited for the first time on rehearing. They were not incorporated in the original brief nor considered by this court. However, the court and parties desire a right construction of the contract, and such is the purpose of the writer of the opinion.

Examining again the whole writing established and construed, it…