Lafayette Coal Company v. J. O. Burge, T/d/b/a Burge Coal Company

This appeal is from the United States District Court for the Western District of Kentucky. The trial Court, sitting without a jury, found that the Plaintiff-Appellant failed to meet the burden of proving its case by a preponderance of evidence and ruled in favor of Defendant-Appellee. Timely motions were made by Appellant to amend the findings and to set aside the judgment. These motions having been denied, Appellant appeals to this Court.

Appellee and Appellant are both engaged in coal mining operations. The latter had been employing a Cardox Auger Miner, but apparently no longer had any use…