Kentucky Border Coal Co. v. Mullins

VANCE, Commissioner.

This is an appeal from a judgment entered pursuant to a jury verdict which awarded appellees the sum of $250.00 for damages to timber on their lands, 5‡ per ton “wheelage” for coal hauled across their land from adjoining lands and punitive damages in the sum of $75,000.00.

The grounds for appeal are: (1) The appellant was entitled to a directed verdict because no compensable damages were proven, (2) the instructions were erroneous and (3) the award for punitive damages was grossly excessive.

Appellees were the owners of the surface of approximately thirty acres in Martin…