Eutsler v. Huff

Opinion of the Court by

Judge Thomas

Reversing.

The appellant and defendant below, G. W. Eutsler, owned the lease privileges for taking coal from under a small tract of land near the city of Harlan, Ky., and it had been operated by his predecessors in title and by himself as a wagon mine, the opening being near the top of the hill or mountain, and the mined coal was run through a spout or trough from the mouth of the mine into a bin constructed at the foot of the hill or mountain, and from which place it was loaded in wagons and marketed. On the 19th day of December, 1924, the plaintiff and…