Chapman v. Majestic Collieries Company

Opinion of the Court by

Chief Justice Thomas — ’

Affirming.

There appears to be less merit in this appeal than irt any one brought to the attention of the writer throughout his service as a member of this court. The appellant and plaintiff below, Noah Chapman, filed this ordinary action in the Pike circuit court against the appellee and defendant below, Majestic Collieries Company, and alleged in his petition that he was the owner of a tract of described land in Pike county containing about 50 acres; that defendant had wrongfully trespassed upon it by mining coal therefrom to plaintiff’s damage…