Ward v. Spadra Coal Company

Hart, J.,

(after stating the facts). The defendants Dalton and Hardin had leased a coal mine, together with its mining machinery and equipment, from the defendants "Ward, McWilliams and Clark, and agreed to pay them a royalty at the rate of 75 cents per ton for all coal taker from the mine hy them. They -wrongfully mined 4,005 tons of coal on an adjoining tract belonging to the plaintiff, and paid the royalty on this coal to their lessors.

Under these circumstances the defendants Dalton and Hardin were trespassers, and, the tort having been waived hy the plaintiff, it had a right to sue Dalton…