Himler Coal Co. v. Kirk

Opinion of the Court by

Drury, Commissioner

Reversing.

The appellant sought to enjoin the appellees from interfering with or preventing its construction or operation of a railroad across' the land of appellees. The lower court denied the relief sought.

Prior to the 14th. of July, 1881, the Tug River Coal & Salt Company was the owner of a 15,000-aere tract of land, which fronted on Tug river from the mouth of Little Elle creek to the mouth of Wolf creek and extended back on to the waters of Rockcastle creek and included all the lands on Collins’ creek and Buck creek, and on July 14, 1881, it made,…