Coleman v. Owens

DUNCAN, Justice.

Appellees instituted this action to recover damages for the alleged wrongful removal of a coal loading ramp from their land. The trial before a jury resulted in a verdict for appellees for $2,500. Several grounds for reversal are urged, among which is the failure of the court to peremptorily instruct the jury to find for appellant. In view of the conclusion which w-e have reached, we shall consider only this single question.

*342On June 14, 1941, the appellees, joined by their mother, who has since died, leased to one Harvey Mullins the land in question. The term of the lease was…