Ivy Coal & Coke Co. v. Alabama Coal & Coke Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Sbnn. This was an action of trover brought by the appellee, The Alabama Coal & Coke Company, against the appellant, the Ivy Coal & Coke Company, to recover damages for the conversion of certain coal.
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Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Sbnn. This was an action of trover brought by the appellee, The Alabama Coal & Coke Company, against the appellant, the Ivy Coal & Coke Company, to recover damages for the conversion of certain coal. The cause was tried by the court without a jury upon an agreed statement of facts, which was as follows: “It is admitted that plaintiff is and was at the time, the coal Avas mined the owner of the land described in the complaint, and defendant mined and removed coal therefrom during the time described in the complaint as…
1Opinion of the CourtMcCLELLAN, C. J.
Action of trover by tlie Alabama Company against tlie Ivy Company for tlie mining and conversion by tlie latter company of coal on or out of tlie land of tlie former. Tlie acts of the defendant cutting, or “knocking: down” tlie mineral, and converting it were done in tlie belief that the land, the coal in it, and consequently tlie coal after it was severed belonged to it: Neither the trespass nor the conversion was willful or intentional, but each was at most merely inadvertent; and we may assume further for the purpose of this appeal, without, however, so deciding, that the defendant was…
2Cases cited3 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
- Warrior Coal & Coke Co. v. Mabel Mining Co.Supreme Court of Alabama · 1896
3Cited by7 opinions
- Simmons v. CochranSupreme Court of Alabama · 1949
- Atlas Milling Co. v. JonesCourt of Appeals for the Tenth Circuit · 1940
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
- Gray v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1926
- Trustees of Dartmouth College v. International Paper Co.U.S. Circuit Court for the District of New Hampshire · 1904
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