Ward v. Eastern Coal Corp.

GANT, Judge.

Appellant is the owner of a certain tract of land situated in Pike County, Kentucky, which was improved to the extent of a dwelling house, barn, canning house and chicken house. The evidence was that the appellant and her husband, prior to his death, had maintained a two-acre garden on the property, an orchard of some 12 trees and that they had a dependable well containing about 14 feet of water and a spring, together with other outbuildings. The ap-pellee was engaged in the deep mining of coal in the area of the appellant’s property and actually came somewhat closer to the…