MCI Mining Corp. v. Stacy

HOWARD, Judge.

In this case, the appellants/cross-appel-lees appeal from a judgment of the Perry Circuit Court holding them liable to the appellee/cross-appellant for damages to a tract of land to which the parties each owned a one-half undivided interest in the surface estate and the lessor of the appellants/cross-appellees was the sole owner of the mineral estate, calculated on a per ton basis for each ton of coal mined from and each ton of foreign coal transported across the disputed surface tract. The appel-lee/cross-appellant filed a cross-appeal on the grounds that the trial court did…