Wiser Oil Company v. Conley

DAVIS, Commissioner.

In Wiser Oil Co. v. Conley, Ky., 346 S.W.2d 718, we adjudged that T. J. Conley, who is the appellee here, should be allowed recovery for damage to his real estate resulting from appellant’s use of waterflooding process in exploitation of an oil and gas lease. Upon a jury trial in the Magoffin Circuit Court, appellee obtained verdict and judgment of $15,000, separated as $6,000 for damage to coal underlying the land and $9,000 for surface damage. The oil company appeals from the judgment, asserting error in these'respects: (1) The $6,000 award for coal damage was based on…