Elkhorn Coal Corp. v. Johnson

CULLEN, Commissioner.

Luther Johnson sued the Elkhorn Coal Corporation for damages to his house and water well alleged to have resulted from the mining of coal under his premises by the coal company. He recovered a judgment in the amount of $4,000. On appeal to this Court the judgment was reversed. Elkhorn Coal Corp. v. Johnson, Ky., 249 S.W.2d 745. In the opinion it was pointed out that the deed of mineral rights to the coal company expressly granted the company the right to remove pillars and other subjacent supports, and released the company of any liability for damage to the surface of the…