Elk Horn Coal Corp. v. Allen

CULLEN, Commissioner.

In an injunction proceeding, the issue was whether the Elk Horn Coal Corporation, by virtue of its rights under a deed of coal and other minerals in a tract of land of some 600 acres, or C. E. Allen and Jack Stanley, as surface owners of part of the tract, owned a large slate dump piled on the Allen-Stanley surface, which dump originally had consisted of waste coal, slate, muck, bone, shale and other waste resulting from the coal mining operations, but a large portion of which, through burning as a result of fire from spontaneous combustion, had formed a substance known…