Hazard Dean Coal Co. v. McIntosh

Opinion of the Court by

Judge Settle

Affirming.

This action was instituted April.2,1914, in the Perry circuit court against the Hazard Dean Coal Co., and the Lexington & Eastern Bailway Co., by Jane’ McIntosh and Jerry McIntosh, her husband, to recover of them damages for their alleged unlawful taking of parts, and injuring the remainder, of a tract of land belonging to Jane McIntosh and appropriating the parts taken for the bed and right of way of a railroad which the defendants constructed and the defendant, Hazard Dean Coal Co., was operating at or near the town of Hazard, between its coal…