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TOLLIVER v. PITTSBURGH-CONSOLIDATION COAL CO.

290 S.W.2d 471 (1956)

John M. TOLLIVER and Anna Tolliver, his Wife, Appellants, v. PITTSBURGH-CONSOLIDATION COAL COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

May 11, 1956.

Attorney(s) appearing for the Case

Harry M. Caudill, Whitesburg, for appellants.

Harry L. Moore, Whitesburg, Allen Prewitt, Frankfort, Eugene B. Cochran, Louisville, for appellee.

CAMMACK, Judge.

The appellants, as owners of an undivided interest in the surface of lands being mined by the appellee, instituted this action to enjoin an alleged nuisance, namely, the operation of the appellee's coal tipple and washing plant. They sought also to recover damages allegedly resulting to their surface rights from that operation. The trial judge dismissed the complaint on the appellee's motion for summary judgment. Apparently, he concluded that the broad...

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