RAILWAY FUEL COMPANY v. ACKERMAN

6 Div. 357.

114 So.2d 142 (1959)

RAILWAY FUEL COMPANY v. L. S. ACKERMAN et al.

Supreme Court of Alabama.

August 13, 1959.


Attorney(s) appearing for the Case

Bankhead & Petree, Jasper, for appellant.

Fite & Wilson and Tweedy & Beech, Jasper, for appellees.


LAWSON, Justice.

This suit is by the owners of land to recover for damage thereto resulting from underground coal mining operations by the owner of the mineral and mining privileges.

From a judgment in favor of the plaintiffs, the defendant appealed to this court.

The parties will be referred to in this opinion as they appeared in the trial court.

The threshold question concerns the action of the trial court in overruling the defendant's motion...

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