Fourseam Coal Corp. v. Combs

MILLIKEN, Justice.

The appellees, plaintiffs below, instituted this action to recover damages for injury to their land sustained as the result of a fire in a coal dump, partially on their land, placed there by appellant. After trial by a jury judgment was rendered in favor of the appellees, and this appeal resulted.

Appellant assigns as errors: (1) Failure of the trial court to direct a verdict for it on the basis of certain provisions in deeds to the property; (2) failure of the trial court to direct a verdict for it on the basis of an agreement entered into between the parties in 1946; and…