Elkhorn Coal Corp. v. Yonts

CAMMACK, Justice.

The Elkhorn Coal Corporation is appealing from a judgment in the sum of $2000 in favor of the appellees for alleged damages to a water well. The Corporation urges that (1) the mineral deed under which it claims embraces subterranean waters; and (2) a directed verdict should have been given in its favor because there was no proof showing that its mining operation was done in wanton and malicious disregard of the appellees’ surface rights.

By mesne conveyances the Corporation became the owner of the minerals and mineral rights under a deed executed by the Yontses in 1912. We…