Legal Opinion

Campbell v. Louisville Coal Mining Co.

Supreme Court of Colorado

Decided January 15, 1907No. 5137; No. 2728 C. APublishedCited by 15 opinions

Error to the District Court of Boulder County. Hon. Christian A. Bennett, Judge. Action by John Campbell and Annie Campbell against Tbe Louisville Coal Mining Company. From a judgment for defendant, plaintiffs bring error.

1Opinion of the CourtJustice G-abbert

The liability of the lessor of a coal vein to the owner of the superincumbent soil for injury thereto resulting from the negligence of its lessee in mining and removing the coal in such vein, is the important ■question to be determined under the facts of this case.

The defendant in error owned the coal vein under a tract of land, which vein it leased to the United Coal Company. The plaintiffs in error owned the surface of ,a lot embraced in this tract. The lessee removed the coal and' the lot settled, whereby the improvements thereon were greatly damaged. Plaintiffs in error brought an action…

2Cases cited5 opinions

  1. Wilms v. JessIllinois Supreme Court · 1880
  2. Mickle & Co. v. DouglasSupreme Court of Iowa · 1888
  3. Riley v. SimpsonCalifornia Supreme Court · 1890
  4. McKinster v. SmithSupreme Court of Connecticut · 1858
  5. Boston Beer Packing Co. v. StevensU.S. Circuit Court for the District of Southern New York · 1882

3Cited by15 opinions

  1. Barker v. MintzSupreme Court of Colorado · 1923
  2. Blue Grass Restaurant Company v. FranklinCourt of Appeals of Kentucky (pre-1976) · 1968
  3. Walker v. L.G. Everist, Inc.New Mexico Court of Appeals · 1985
  4. Evans Fuel Co. v. LeydaSupreme Court of Colorado · 1925
  5. Haseman v. OrmanIndiana Supreme Court · 1997

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