Himlar Coal Company v. Kirk

Opinion of the Court by

Commissioner Hobson

Affirming.

The facts of this case are fully stated in the opinion , on the former appeal, Kmilar Coal Co. v. Kirk, 205 Ky. '667, 266 S. W. 355. On-that appeal the situation presented was this: The Himlar Coal Company had obtained an injunction enjoining appellees from preventing its construction and operation of a railroad across the land. The circuit court on final hearing dissolved the injunction and dismissed the petition. The coal company appealed and the injunction was continued in force pending-the appeal. On the hearing of the ease the court…