Tennessee Coal, Iron Railroad Co. v. Ray

FOSTER, Justice.

The only question on this appeal is whether the amount of damages assessed by the jury was so excessive as to demand a •reduction or a new trial.

Appellant was sued by appellee for damages to his surface rights in a five acre tract of land, where he lived, caused by 'caving of the roof of mining operations, which had been conducted by defendant under it. Liability is not denied, but was admitted on the trial, and there was no exception taken which is insisted on, except the denial of a motion for a new trial on account of the excessive amount of damages by the jury. That amount…