J. R. Crowe Coal & Mining Co. v. Atkinson

The opinion of the court was delivered by

Mason, J.:

The J. R. Crowe Coal & Mining Company claimed to have the right to mine the coal underlying land the title to which, subject to that right, was conceded to be in Lillie Atkinson. It brought an action against her and her husband, Ed Atkinson, to enjoin them from interfering with its occupancy of so much of the land as was necessary to its mining operations. Judgment was rendered for the plaintiff, but this was reversed upon the ground that the defendants were en-. titled to a trial by jury. (Atkinson v. Crowe, 80 Kan. 161.) Upon a second trial…