LYNN MINING CO. v. KELLY


394 S.W.2d 755 (1965)

LYNN MINING CO., Inc., et al., Appellants, v. Carl KELLY et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Rehearing October 8, 1965.


Attorney(s) appearing for the Case

Logan E. Patterson, Patterson & Berger, Pineville, Willis W. Reeves, Reeves, Barret & Cooper, Hazard, for appellants.

Alva A. Hollon, Hazard, for appellees.


CLAY, Commissioner.

Several residents of Combs, Kentucky, appellees, brought this suit against defendant appellants to recover property damages allegedly caused by the negligent operation of appellants' coal tipple. The jury awarded the aggregate sum of $13,100. On this appeal appellants contend (1) the claims were barred by the statute of limitations, and (2) there was a failure of proof on the proper measure of damages.

It is conceded appellants' operation...

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