Wells v. North East Coal Co.

Opinion op the Court by

Judge Thomas

Reversing.

The appellee and defendant below, North East Coal Company — owned the coal with the right and privilege to mine it — under a farm owned by Ireland Wells, located on Johns Creek in Floyd County, Kentucky. As a part of the easement privileges possessed by defendant — as coal owner and mining rights — defendant had constructed a tram railroad from its mine to a shipping point on a nearby commercial trunk line of railroad. A part of the tramroad traversing the farm — the surface of which was owned by Ireland Wells — crossed Johns Creek and the valley…