Lively v. Elkhorn Coal Co.

SWINFORD, District Judge.

This case is before the court on the motion of the defendant for a judgment notwithstanding the verdict. Fed.Rules Civ. Proc. rule 50(b), 28 U.-S.C.A.

The plaintiff sued the defendant Elkhorn for damages growing out of the following facts:

Elkhorn was engaged in producing coal. Lively was an employee with the designation, Assistant Manager. Elkhorn owned certain coal lands which it desired to develop. Lively entered into an arrangement with Elkhorn whereby he was to go upon the leasehold, remove the overburden, strip miné the coal, build necessary roads, approaches and…