Keen v. Paragon Jewel Coal Co.

Gallie Keen instituted this proceeding against Paragon Jewel Coal Company, Incorporated, hereinafter referred to as defendant, by motion for judgment, to recover damages for the use of plaintiff’s land over which defendant had been hauling coal mined by it from adjoining lands. Defendant filed grounds of defense setting out that it has a right of way of necessity over Keen’s land for all purposes to which its lands may be reasonably devoted, and that the removal and transportation of coal is reasonably necessary for the beneficial use of its land.

The parties stipulated the facts in writing,…