Saylor v. Kentucky-Cardinal Coal Corp.

Opinion op the Court by

Judge McCandless

Reversing.

S. C. Saylor sued the Kentucky Cardinal Coal Corporation and J. C. Strauss in ejectment, both parties claiming through a common vendor. From a verdict and judgment in favor of first named defendant the plaintiff appeals.

It appears that appellant was the owner of a small tract of land lying on the south bank of the Cumberland river and containing about forty acres, which he had purchased from his father, who also owned a farm adjoining this on the south.

In the year 1911 a railroad was constructed up the Cumberland valley, and a right of way 100…