Beard v. Coal River Collieries

Lively, Judge:

This in an injunction to prevent defendant from hauling coal over a tramway and trestle on plaintiff’s land known as Richards tract, from an adjoining tract known as the Mc-Arthur tract. Plaintiff owns the surface of two tracts on Dog Hollow Branch of Lick Creek, a tributary of Coal River in Boone County, which he acquired in 1915 from Jarrett, successor in title to Kinder, and over one of these tracts defendant constructed a tramway for -a distance of about 195 feet and a trestle 76 feet long, 38 feet of which is over the surface claimed to be owned by plaintiff, to the…