Eversole v. Morgan Coal Co.

MOREMEN, Judge.

Appellant, Lena Eversole, instituted four separate actions against four coal mining operators, appellees, to recover damages at the rate of two cents per ton for coal hauled over a strip of her land 25 to 30 feet in width and approximately 600 feet in length. The cases were consolidated. The circuit court awarded appellant the sum of $600 for the strip of land used, and from that judgment, which is for a much smaller amount than would have been recovered on a tonnage basis, this appeal is prosecuted.

Appellant owns a 167 acre tract of land in Leslie County which borders on…