Sheker v. Jensen

This is á law action for damages to plaintiff’s land on account of the subsiding of the surface due to the removal of coal thereunder. The petition is in two counts. Count, one alleges that the defendants appropriated to their use approximately fifty acres of the surface (being the extent of the subsiding), for which damages are asked in accordance with a certain contractual agreement. Count two alleges negligence in the operation of the mine, thereby causing damage to plaintiff’s land, crops, tiling, etc. Defendants’ answer denies negligence and further alleges'that under the agreement in…