Eureka Coal Co. v. Kentucky-Tennessee Coal Co.

Opinion op the Court by

Judge Carroll —

Reversing.

The appellant, the Eureka Coal Co., owns the coal in three bodies of land known as the Gatliff Coal Co. tract, the J. M. Sharp tract and the Angeline Bennett tract. The J. M. Shaip and the Gatliff Coal Co. tracts lie back of the Angeline Bennett tract. The appellee, Kentucky-Tennessee Coal Co., owns a short railroad spur connecting its coal properties with the L. & N. Railroad Company’s line of road. This spur track touches the Angeline Bennett tract owned by the Eureka Coal Co.,-and the Eureka Coal Co., desiring to haul the coal that it might…