Legal Opinion

Spadra Creek Coal Co. v. Eureka Anthracite Coal Co.

Supreme Court of Arkansas

Decided June 17, 1912PublishedCited by 2 opinions

Appeal from Johnson Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. This suit. is for damages alleged to have been caused appellee by the careless and negligent flooding of its coal mine by appellant. The companies own and operate adjoining coal mines in Johnson County, the Spadra Creek Coal Company’s, mine being north of the Eureka and on a higher level.

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Appeal from Johnson Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. This suit. is for damages alleged to have been caused appellee by the careless and negligent flooding of its coal mine by appellant. The companies own and operate adjoining coal mines in Johnson County, the Spadra Creek Coal Company’s, mine being north of the Eureka and on a higher level. The coal in the two mines is of the same vein, and dips from south to north, the coal in appellee’s mine being lower than that in appellant’s. There was an underground opening between the two mines, appellee having at one time in…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is contended, first, that the court erred in allowing copies of the pleadings in the ease to be substituted for the lost originals without requiring a compliance with the statute relating thereto. Sections 6504-6-8, Kirby’s Digest. Appellant makes no contention that the substituted papers were not correct copies, nor does it show any prejudice or injury resulting to it from the court’s action in permitting them be to filed, and the court committed no error in reinstating them of record. Fort Smith Automobile & Supply Co. v. Nedry, 100 Ark. 485.

It is…

2Cases cited1 opinion

  1. Fort Smith Automobile & Supply Co. v. NedrySupreme Court of Arkansas · 1911

3Cited by2 opinions

  1. Empire Star Mines Co. v. ButlerCalifornia Court of Appeal · 1944
  2. Zubris v. Zubris, Pennsylvania Court of Common Pleas, Schuylkill County1930

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