BLUE DIAMOND COAL COMPANY v. CAMPBELL


371 S.W.2d 483 (1963)

BLUE DIAMOND COAL COMPANY, Inc., et al., Appellants, v. Nancy CAMPBELL et al., Appellees.

Court of Appeals of Kentucky.

October 4, 1963.


Attorney(s) appearing for the Case

D. G. Boleyn, Hazard, for appellants.

J. Woodford Howard, Prestonsburg, amicus curiae, for Ky. Coal Ass'n.

Maxwell P. Barret, Bruce Stephens, Jr., Hazard, for appellees.

J. W. Craft, Jr., Hazard, amicus curiae, for Ky. Oak Mining Co.


CULLEN, Commissioner.

The appellants, holding a deed of mineral rights, conducted strip and auger mining operations on a 40-acre tract of land on which the appellees owned the surface rights. The appellees brought action for damages, claiming that the mining was done in reckless disregard of their rights. Upon a jury verdict awarding $3,000 damages judgment was entered, from which this appeal is taken.

The terms of the mineral deed were such as to make applicable...

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