Jenkins v. Depoyster

Opinion op the Court by

Stanley, Commissioner—

Affirming.

The question is the right of the owner of the surface of land to place a gate across a roadway necessarily used by the owner and operator of the mineral estate.

The appellants, plaintiffs below, are the Southern Land and Coal Company, owner, and J. L. Jenkins, the operator under contract, of a mine on a 50 acre tract on the east side of U. S. Highway No. 81, in MuhlenbergCounty. The Company acquired title to the minerals in 1905. It seems there were two small wagon mines operated on the eastern part of this tract, or perhaps on an adjacent…