Ashurst v. Cooper's Administrators

Opinion of the Court by

Judge Clay

Reversing.

Rufe Ashurst brought this suit against J. S. Cooper to recover $3,313.96 as damages for trespass in entering plaintiff’s mine and removing and selling a lot of coal therefrom. During the pendency of the action Cooper died, and the action was revived in the name of his administrators. A trial before a jury resulted in a verdict and judgment for defendants. On appeal the court held that, the case being one of innocent trespass, the measure of damages was the customary and usual royalty for mining privileges in the vicinity of the mine at the time of…