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WATTS v. CARRS FORK COAL COMPANY

275 S.W.2d 431 (1955)

Thomas WATTS et al., Appellants, v. CARRS FORK COAL COMPANY, Appellee.

Court of Appeals of Kentucky.

February 4, 1955.

Attorney(s) appearing for the Case

Napier & Napier, C. W. Napier, Sr., C. W. Napier, Jr., Hazard, for appellants.

Craft & Stanfill, Hazard, for appellee.

WADDILL, Commissioner.

The appellants, Thomas and Mary Watts, filed complaint against the appellee, Carrs Fork Coal Company, to recover damages in the sum of $3,500 for certain alleged acts of trespass committed upon their land by appellee. By amended complaint it was stated that the trespasses complained of were perpetrated arbitrarily, wantonly and maliciously. Appellee denied the averments of the complaint, and pleaded, in substance, that it had the right to enter...

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