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SHEKER v. JENSEN

No. 47580.

41 N.W.2d 679 (1950)

SHEKER et al. v. JENSEN et al.

Supreme Court of Iowa.

March 7, 1950.

Attorney(s) appearing for the Case

Kelleher & Kelleher, Fort Dodge, for plaintiff-appellees.

Havner & Powers, Des Moines, Helsell, Burnquist & Bradshaw, Fort Dodge, for defendants-appellants.

HAYS, Justice.

This is a law action for damages to plaintiff's land on account of the subsiding of the surface due to the removal of coal thereunder. The petition is in two Counts. Count One alleges that the defendants appropriated to their use approximately fifty acres of the surface (being the extent of the subsiding), for which damages are asked in accordance with a certain contractual agreement. Count Two alleges negligence in the operation of the mine thereby...

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