Warrior Coal & Coke Co. v. Mabel Mining Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. John C. Anderson. This was action of trespass brought by the appellant against the appellee, and was tried by the court without the intervention of a jury. The facts of the case are sufficiently’stated in the opinion.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. John C. Anderson. This was action of trespass brought by the appellant against the appellee, and was tried by the court without the intervention of a jury. The facts of the case are sufficiently’stated in the opinion. The plaintiff appeals, and assigns as error the rulings of the court upon the evidence, and the judgment rendered. 1. When the defendant is an unintentional or mistaken trespasser, or his innocent vendee, the value at the time or conversion, less what the labor and expense of defendant and his vendor have added to…
1Opinion of the CourtHead, J.
This is an action of trespass to coal lands. The defendant, in working its own mine, inadvertently encroached upon the coal imbedded in the adjoining land of the plaintiff, and severed and carried away therefrom a large quantity of plaintiff’s coal. The plaintiff proved these facts, and then offered testimony to show the market value of coal during the time this coal was mined, and the cost of mining, to the introduction of which testimony defendant objected, and the court sustained the objection, to which plaintiff excepted. It was not offered to prove the market value of coal at any…
2Cases cited1 opinion
- White v. YawkeySupreme Court of Alabama · 1895
3Cited by18 opinions
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Foust v. KinneySupreme Court of Alabama · 1918
- Kahle v. Crown Oil Co.Indiana Supreme Court · 1913
- Durant Min. Co. v. Percy Consol. Min. Co.Court of Appeals for the Eighth Circuit · 1899
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