Russell Fork Coal Co. v. Hawkins

Judge Knight

Reversing.

Statement of the Case

This is a suit for damages in the sum of $25,969.50 filed hy appellees Herbie Hawkins and B. B. Hawkins, his wife, against appellant Russell Fork Coal Co. and Peter Mitchell, Inc. The latter named company was let out on peremptory instructions at the conclusion of the evidence and there is no cross appeal as to it. The negligence complained of in the petition and amended petitions is that as the result of a strip mining operation conducted by appellant at the headwaters of Ferrells Creek -on Weddington Fork a large excavation covering three to four…