Town of Carbon Hill v. Leith

Appellant, town of Carbon Hill, filed the bill in this cause to enjoin ap pedees from mining and removing coal from under the streets, avenues, or alleys of the town. Confessedly, the proof is the same as it was in the case of Faught v. Leith, 78 South. 830, 1 recently decided, except that appellants say in their brief that at one place a street has caved in, and that “the top oyer where the coal is taken gradually sloughs 7>ff until a thin crust of surface is left and that finally breaks and falls in.” We do not find this contention to be sustained by the record as to any places mined by…