Himler Coal Co. v. Ella and Albert Kirk

Opinion of the Court by

Commissioner Hobson

Reversing.

Appellees own a tract of land in Martin county.. The Himler Coal Company proposed to build a line of railway up the bottom from the Norfolk & Western Railway to its coal mine. This line crossed a corner of appellees’ tract. They forbade the building of the railway on the ground that under its title papers the coal company had no right-of-way there. Thereupon the coal company filed, a petition in equity to enjoin‘the appellees from interfering with it in building the line of railway across the corner of their land. The coal company obtained a…