Harvey Coal Corp. v. Smith

STEWART, Justice.

In the lower court Ernest Smith in his answer and counterclaim sought to recover damages of $8235 from the Harvey Coal Corporation, for the alleged arbitrary, malicious and wanton destruction by the latter of his garden crop, a number of fruit trees in his orchard, and fencing, grass and timber on his land. Upon a transfer of the case to the ordinary docket for trial, the jury awarded Smith damages of $1470.

The corporation has moved for an' appeal and urges two grounds for reversal: First, that Smith’s claim is barred by the five-year statute of limitations, KRS 413.120(4),…