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GEM-ELKHORN COAL COMPANY v. EVERIDGE

309 S.W.2d 755 (1958)

GEM-ELKHORN COAL COMPANY, a Corporation, Appellant, v. Emit EVERIDGE et al., Appellees.

Court of Appeals of Kentucky.

January 31, 1958.

Attorney(s) appearing for the Case

J. L. Hays, Emmett G. Fields, Whitesburg, for appellant.

L. D. May, Pikeville, for appellees.

PER CURIAM.

Appellant, Gem-Elkhorn Coal Company, has moved for an appeal from a judgment of the Letcher Circuit Court awarding appellees, Emit and Juanita Everidge, the sum of $1,250 as damages to their property caused by coal dust emanating from a tipple operated by appellant.

We agree with appellant that the rule that each property owner must use his own property in such a manner as to not interfere with that of his neighbor does not mean that every annoyance...

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