Wright v. Premier Elkhorn Coal Co.

OPINION

COMBS, JUDGE:

This is an appeal from a judgment entered by the Pike Circuit Court in an action involving alleged property damage due to blasting operations. The property owners, Carson and Ruby Wright, appellants herein, argue on appeal that the judgment in their favor was inadequate and that the jury considered inadmissible evidence during deliberation. They also appeal from the order denying the motion to alter, amend and/or vacate and for a new trial on damages. After reviewing the record and applicable law, we vacate and remand.

On April 17, 1996, Carson and Ruby Wright (the Wrights)…