GREEN v. ASHER COAL MINING COMPANY


377 S.W.2d 68 (1964)

George G. GREEN et al., Appellants, v. ASHER COAL MINING COMPANY, Appellee.

Court of Appeals of Kentucky.

March 20, 1964.


Attorney(s) appearing for the Case

William A. Watson, Middlesboro, for appellants.

E. B. Wilson, Pineville, for appellee.


CLAY, Commissioner.

This controversy involves the liability of the owner of land leased for strip mining purposes to a lower riparian owner allegedly damaged by debris produced in the strip mining operation. The trial court dismissed appellant plaintiffs' complaint on the ground it failed to state a claim.

The complaint alleges in substance the following facts. Appellee defendant is engaged in the business of purchasing, leasing and developing lands for the...

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