Cole v. Signal Knob Coal Co.

MilleR, Judge :

This action was instituted to recover damages for the loss of plaintiff’s horse, which died from injuries sustained by breaking through the surface of plaintiff’s land and falling into defendant’s coal mine. Plaintiff was the owner of an undivided interest in the surface of the land and had charge and control of the other undivided interests, and had used the land where the accident occurred for pasture, for the past twenty-five years. There had been a severance of the minerals and surface many years before.

The declaration charges that it was the duty of defendant in removing…