Lyons v. Central Coal & Coke Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. G. A. Denton, Judge. (1) Plaintiffs’ action is in trespass alleged to have' been committed by the defendants willfully on real estate of which plaintiffs claimed to be the exclusive owners and of which they claimed to be in the exclusive possession when the trespass is alleged to have been committed.
Read the full summary
Appeal from Bates Circuit Court. — Hon. G. A. Denton, Judge. (1) Plaintiffs’ action is in trespass alleged to have' been committed by the defendants willfully on real estate of which plaintiffs claimed to be the exclusive owners and of which they claimed to be in the exclusive possession when the trespass is alleged to have been committed. This exclusive ownership and possession being a necessary condition precedent to a right of recovery, the court below erred in admitting, over defendants’ objections, the two deeds read in evidence. No antecedent title was shown in the first grantor.…
1Opinion of the CourtFeebiss, J.
— Plaintiffs, on April 29, 1907, sued to recover $60,000 compensatory, and $10,000 punitive damages, for the taking of coal from their land by defendants. They charged' that the coal was knowingly and wrongfully taken by. defendants, without plaintiffs ’ knowledge, and was of the reasonable value of $60,000.
The answer was a general denial.
The defendant coal company was operating a coal mine in Yernon county, Missouri, known as Mine 14. The vein of coal mined was about one hundred feet below the surface, was reached by a shaft, and worked by means of tunnels or drifts in various directions.…
2Cases cited9 opinions
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Durant Min. Co. v. Percy Consol. Min. Co.Court of Appeals for the Eighth Circuit · 1899
- Sandy River Cannel Coal Co. v. White House Cannel Coal Co.Court of Appeals of Kentucky · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Paraffine Oil Co. v. CruceSupreme Court of Oklahoma · 1916
- Benton v. State, Division of State Lands & Forestry, Department of Natural ResourcesUtah Supreme Court · 1985
- Ward v. Spadra Coal CompanySupreme Court of Arkansas · 1925
- Giudicy v. Giudicy Marble, Terrazzo & Tile Co.Supreme Court of Missouri · 1959