Kentucky Mountain Coal Company v. Hacker

DAVIS, Commissioner.

This appeal presents questions relating to the proper measure of damages in a real estate trespass. For convenience we shall refer to the appellants as the coal company. The only appellee presenting any issue is Mrs. Eula Mae Hacker, and reference to her will be as the appellee or by her name.

The coal company holds coal mining leases on a large boundary of land, included in which is a 40-acre tract in which the ap-pellee owns the surface title. It is conceded that the coal company has hauled coal across the surface of appellee’s land which it mined from the Virginia Coal…