Legal Opinion
Monk v. Peabody Coal Co.
Indiana Court of Appeals
Decided November 30, 1988No. 77A04-8803-CV-91PublishedCited by 1 opinion
1Opinion of the Court
CONOVER, Presiding Judge.
Plaintiffs-Appellants Duane and Janet Monk (Monks) appeal a judgment entered upon a grant of Defendant-Appellee Peabody Coal Company’s (Peabody) motion to dismiss under Ind.Rules of Procedure, Trial Rule 41(B).
We affirm.
The Monks raise three issues. We consolidate and restate them as
whether the court erred when it granted an Ind.Rules of Procedure, Trial Rule 41(B) motion to dismiss.
The Monks sued Peabody alleging damage to their real property as a result of blasting in Peabody’s mining operation near their home. (R. 11-12). After the Monks presented evidence and…
2Cases cited12 opinions
- Asc Corporation v. First Nat. Bank, Etc.Indiana Supreme Court · 1960
- Morphew v. MorphewIndiana Court of Appeals · 1981
- Burras v. Canal Construction & Design Co.Indiana Court of Appeals · 1984
- Litzelswope v. MitchellIndiana Court of Appeals · 1983
- Enos Coal Mining Co. v. SCHUCHARTIndiana Supreme Court · 1963
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Crum v. AVCO Financial Services of Indianapolis, Inc.Indiana Court of Appeals · 1990