Galloway Coal Co. v. Bessemer Coal, Iron & Land Co.

“In an action of trover for the mining and conversion of coal on and out of the land of another, where it is shown that neither the trespass nor the conversion was willful or intentional, the measure of damages is the value of the coal as it lay in the mine when and after it had been severed from the realty, with no deduction for the value of defendant’s labor in effecting the severance, and not the value of the coal in and as a part of the realty.” Ivy Coal & Coke Co. v. Ala. Coal & Coke Co., 135 Ala. 579, 33 South. 547, 93 Am. St. Rep. 46.

For all practical .purposes, it is clear that the…