Royal Elkhorn Coal Co. v. Elkhorn Coal Corp.

Opinion of the Court by

Judge Clarke

Reversing.

The appellant owns and operates a coal mine within about a mile of the main line of the Long Fork Railroad Company, and the appellee owns the land intervening. Appellant instituted this action in the Floyd county court to condemn a strip of appellee’s land sixty feet wide at one 'end and one hundred feet wide at the other, for the purpose of constructing a line of railroad from its mine to the Long Fork Railroad to enable it to transport materials to and from its mine.

The power of plaintiff to condemn land for such purposes is conferred by section…