DAVIS, Commissioner.
The appellees, Ellis and Brown, as plaintiffs, obtained a verdict and judgment of $45,000 against the appellant, Caney Creek Coal Company, as damages for claimed loss of equipment and material and loss of profits said to have occurred when the appellant company strip mined the No. 11 and No. 12 veins of coal overlying the No. 9 vein of coal upon which appellees held a mining lease. Caney Creek asserts that (1) it was not negligent and was entitled...
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