Elk Horn Coal Corp. v. Johnson

LATIMER, Justice.

This action was instituted by appellee to recover damages from appellant. Appellee alleged that appellant removed a seam of coal from beneath appellee’s house, yard, garden and premises which caused appel-lee’s property to subside, thereby causing the foundation of his house to crack and give way; the well, which was located in the basement of his house, to be destroyed; and a pressure tank for storage of water for family use to be ruined. The jury returned a verdict for $4,000 and judgmervt was entered thereon.

Appellant is here urging as grounds for reversal: (1) motion for…