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ELKHORN COAL CORP. v. JOHNSON

263 S.W.2d 124 (1953)

ELKHORN COAL CORP. et al. v. JOHNSON.

Court of Appeals of Kentucky.

December 18, 1953.

Attorney(s) appearing for the Case

J. Woodford Howard, Fred G. Francis, Prestonsburg, for appellants.

Napier & Napier, Hazard, for appellee.

CULLEN, Commissioner.

Luther Johnson sued the Elkhorn Coal Corporation for damages to his house and water well alleged to have resulted from the mining of coal under his premises by the coal company. He recovered a judgment in the amount of $4,000. On appeal to this Court the judgment was reversed. Elkhorn Coal Corp. v. Johnson, Ky., 249 S.W.2d 745. In the opinion it was pointed out that the deed of mineral rights to the coal company...

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