Duvall v. 20th Century Coal Co.

SWINFORD, District Judge.

The facts in this case are briefly these: The 20th Century Coal Company owned a tract of land in Ohio County, Kentucky, adaptable to strip mining. In 1947 it began stripping coal which resulted in the creation of a ditch or place where water accumulated. There were at that time other mining operations — underground mining operations' — going on adjacent to its property. The plaintiffs in 1949 purchased this underground mine from Walter Wood, who testified that at the time he sold it, it had water in it; that it had always had water in it. They began an operation there…