CALVERT & MARSH COAL CO., INC. v. Pass

The appellees originally brought this action to settle a dispute concerning trespass to real property. They alleged that defendants Calvert and Marsh Coal Company and John David Calvert, president of the company, strip mined a portion of plaintiffs' property. The complaint contained two counts — the first for "negligent trespass" and the second for "knowing, wanton and malicious trespass."

Plaintiffs filed a motion for summary judgment "on the issue of liability." The trial court ordered that the "motion for summary judgment insofar as same goes to liability of the defendant is hereby granted…