Wheat v. Freeman Coal Mining Corp.

This is an appeal from a judgment of the circuit court of Franklin County in an action to recover damages for the tortious interference with the quiet use and enjoyment of land owned by the plaintiffs, Leon Wheat and Helen Wheat, resulting from the actions of the defendant, Freeman Coal Mining Corporation, in operating its coal mine. Defendant appeals from a judgment in the amount of $12,000 entered on a jury verdict for the plaintiffs.

Plaintiffs own and, during the period covered by this suit, lived on a 37%-acre farm located approximately 2Vz miles east of Benton. Plaintiffs’ home was…