Audo v. Western Coal & Mining Co.

*455The opinion of the court was delivered by

Marshall, J.:

These actions are submitted together because both depend on the same state of facts and involve the same questions of law. This opinion is written in No. 20,514.

The plaintiff obtained judgment for one thousand dollars for damages caused by the subsidence of land into excavations made by mining coal. The defendant appeals.

The case was tried largely on an agreed statement of facts, as follows:

“It is agreed that on the 16th day of February, 1904, said defendant made, executed and delivered a deed to this plaintiff, Barney Napute, Paul Omelia…