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RIVER QUEEN COAL COMPANY v. MENCER

379 S.W.2d 461 (1964)

RIVER QUEEN COAL COMPANY, Inc., Appellant, v. Anton MENCER et al., Appellees.

Court of Appeals of Kentucky.

May 22, 1964.

Attorney(s) appearing for the Case

Jarvis & Cornette, Greenville, for appellant.

W. D. Bratcher, Greenville, for appellees.

MILLIKEN, Chief Justice.

This appeal is from a verdict and judgment awarding appellees, Anton Mencer and his wife Rena, $5,000 for damage to their home allegedly caused by the blasting operations of appellant, River Queen Coal Company, Inc., which strip mined coal in the area.

Before considering the contentions of the appellant, we shall summarize the circumstances which gave rise to the action. Since 1950 the appellees, the Mencers, have lived in a concrete...

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