Walls v. Lueking

Jack D. Walls, et al, individually and as partners doing business under the style of Walls & Coker Coal Company, sued Lueking Brothers, a partnership, for $5,500 damages caused by a tree falling on two of plaintiffs’ trucks while loading coal at defendant’s strip mining operation. The trial court directed a verdict for defendant and plaintiffs have appealed.

The gravamen of the action is an alleged violation of the duty owing both by statute, T. C. A. see. 58-1504, regulating strip mining operations, and under the- common law to plaintiffs as invitees, to maintain the premises under…