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BUCHANAN v. WATSON

290 S.W.2d 40 (1956)

I. H. BUCHANAN, Appellant, v. Raleigh WATSON and Stella Watson, Appellees.

Court of Appeals of Kentucky.

May 4, 1956.

Attorney(s) appearing for the Case

Earl R. Cooper, Salyersville, J. Woodford Howard, Howard & Francis, Prestonsburg, for appellant.

Marcus Mann, Salyersville, J. Blaine Nickell, West Liberty, for appellees.

C. D. Carpenter, Hazard, Dailey & Fowler, Frankfort, Bruce Stephens, Jr., Hazard, amici curiae.

MONTGOMERY, Judge.

In this declaratory judgment action, two questions are presented: May the owner of minerals underlying a tract of land remove coal therefrom by a strip mining process which results in the destruction of the surface owned by another? If so, is the owner of the coal liable for damages to the surface owner for such surface rights as may be destroyed? The Chancellor decided both questions in the affirmative. He held that the coal could be strip mined...

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