Robertson v. Jones

This was an action of trespass, brought by appellant, in the circuit court of Madison county, against appellees, to recover damages for coal taken from the mine of appellant.

It was conceded upon the trial that appellees had dug and taken from the mine of appellant 17,700 bushels of coal, and the only question presented by this record is, as to the correct measure of damages for the coal taken.

The circuit court, on the admission of evidence, held that appellant was only entitled to recover the value of the coal in the mine before it was taken out, and, at the request of appellees, instructed…