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CHAPMAN v. BEAVER DAM COAL COMPANY

327 S.W.2d 397 (1959)

John CHAPMAN, Appellant, v. BEAVER DAM COAL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 9, 1959.

Attorney(s) appearing for the Case

Woodward, Hobson & Fulton, Ernest Woodward, Louisville, for appellant.

Bullitt, Dawson & Tarrant, Charles I. Dawson, Thomas S. Dawson, Louisville, Martin & Martin, Otto C. Martin, Earl F. Martin, Hartford, for appellees.

STEWART, Judge.

In this action plaintiff, John Chapman, sought damages in the amount of $10,000 from defendants, Beaver Dam Coal Company (the lessor) and Riverview Coal Company (the lessee) for an alleged trespass on his property. In the alternative, he claimed he should be granted a permanent injunction compelling defendants to cease discharging deleterious mine refuse upon his land, if proof of damage to his property could not be established with certainty. We shall...

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