VIRGINIA IRON, COAL & COKE COMPANY v. MARTIN


341 S.W.2d 589 (1960)

VIRGINIA IRON, COAL & COKE COMPANY, Appellant, v. Jonah MARTIN et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 20, 1961.


Attorney(s) appearing for the Case

Hobson & Stephens, Pikeville, for appellant.

Hinton & May and Francis M. Burke, Pikeville, for appellees.


CLAY, Commissioner.

Plaintiff appellees brought this suit against appellant Company to recover substantial damages for coal mined on a six acre tract of land allegedly owned by plaintiffs. The trial court found plaintiffs to be the owners of the tract and awarded them damages of approximately $3,600. The Company appeals on the ground plaintiffs failed to establish their title and the latter cross-appeal on the ground the damage award was insufficient.

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