Mitchell v. Skidmore

Opinion of the Court by

Judge Thomas

Reversing.

The appellant, Berry Mitchell, owns “about 60 acres of coal and timber land on Crank’s Creek in Harlan County” which adjoins land owned by appellee, Nelson Skidmore. On June 28, 1943, appellant served written notice on appellees that he would on July 10 of the same year “file a petition in the Harlan County Court asking the Judge of said court to appoint three commissioners to condemn a 20-foot right-of-way” through the lands of defendant “along the edge of Crank’s Creek.”

The proposed condemnation, as stated in the written application therefor…