STONE COAL CORPORATION v. VARNEY


336 S.W.2d 41 (1960)

STONE COAL CORPORATION et al. Appellants, v. Dock VARNEY, Appellee.

Court of Appeals of Kentucky.

June 3, 1960.


Attorney(s) appearing for the Case

Henry D. Stratton, Pikeville, for appellants.

E. N. Venters, Pikeville, for appellee.


WADDILL, Commissioner.

In this action seeking damages for injury resulting from trespass upon his farm, appellee recovered a verdict and judgment against appellants for $3,000. As grounds for reversal it is urged that: (1) The instructions are erroneous; (2) the damages are excessive; (3) the verdict is based upon incompetent and prejudicial testimony.

During the course of its mining operation appellants caused large quantities of impounded water to be released...

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