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KODAK COAL COMPANY v. SMITH

338 S.W.2d 699 (1960)

KODAK COAL COMPANY and Vicco Coal Corporation, Inc., Appellants, v. John D. SMITH and Shell Smith, Appellees. VICCO COAL CORPORATION, Inc., Appellant, v. John D. SMITH and Shell Smith, Appellees.

Court of Appeals of Kentucky.

September 23, 1960.

Attorney(s) appearing for the Case

Clark Pratt, Hindman, for appellants.

Cordell H. Martin, Hindman, Claude P. Stephens, Prestonsburg, D. G. Boleyn, Hazard, for appellees.

CLAY, Commissioner.

These consolidated actions involve the right of appellant coal companies to engage in the "auger" method of mining upon lands in which they have title to coal by virtue of a mineral deed. Appellees, owners of the surface, sought to enjoin appellants from engaging in this particular mining activity and appellants likewise sought injunctive relief. The Chancellor enjoined appellants from further coal mining by the auger method.

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