Osage Gas Co. v. Cleveland & Morgantown Coal Co.

Woods, Judge:

This is an action in assumpsit on the common counts, in which the plaintiff seeks to recover, as evidenced by its bill of particulars, $3,688.00, for casing, drilling, super intendency of drilling and tubing a certain water well. The case was tried by a jury, and a verdict for $3,182.92 was returned. From a judgment entered thereon, the defendant prosecutes this writ of error.

The following facts are disclosed by the evidence: The Purseglove Coal Mining Company and the defendant Cleveland & Morgantown Coal Company, both corporations, were engaged in mining coal on contiguous coal…