Brazil Block Coal Co. v. Gaffney

Berkshire, J. —

There are two paragraphs in the complaint, the substance of each of which we will state. The substance of the first paragraph is as follows :

On the 2d day of July, 1885, the appellant was the owner and in possession of a certain coal mine, known as “ No. 3,” and was on that day engaged in mining and removing therefrom large quantities of coal; and to facilitate the. removal of the coal mined from said mine, a switch had been built, connecting the said mine with the "Vandalia railroad, which, together with certain cars that were on said switch for the purpose of receiving the…