Greenwood v. Island Coal Co.

This case has been twice tried. Erom a judgment against it appellee appealed to the Supreme Court. The judgment was reversed, with instructions to grant a new trial, and with leave to amend the complaint. Island Coal Co. v. Greenwood, 151 Ind. 416. The law of the case thus established is conclusive. Board, etc., v. Bonebrake, 146 Ind. 311; Dipert v. Jones, 4 Ind. App. 158. In its opinion *426the Supreme Court called attention to the act of 1891, §7472 Burns 1894, and also to the absence of a finding as to whether the overhanging coal could be propped or timbered without undue interference with…