H. B. Jones Coal Company v. Mays

Opinion op the Court by

Judge Willis

Reversing.

This action was instituted by R. W. Mays against the H. B. Jones Coal Company to. recover $1,500 in dam ages for trespass committed by mining coal from a 3% acre tract of land claimed by the plaintiff, and for injury to the surface thereof by subsidence of the soil. Mays alleged in his petition that he was the owner and entitled to the possession of the land; that the defendant forcibly entered thereon and removed coal, thereby causing cracks and fissures to be made in the surface. Demurrer to the petition was overruled, and in its answer the…