Beaver Dam Coal Co. v. Brashear

Opinion oe the Court by

Hobson, Commissioner—

Reversing.

Appellee, Cicero Brashear, owns a tract of land of 150 acres in Ohio county, subject to the coal rights of the Beaver Dam Coal Company, which owns the coal under this tract and a large body of land adjoining. 'On July 10, 1925, Brashear filed an action in the Ohio circuit court to recover damages from the coal company for its running water over on his land from the coal mine. The issues were made up, and while the action was pending on June 7, 1926, the coal company began a proceeding in the Ohio county court to condemn a right of way…