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WOLF CREEK COLLIERIES COMPANY v. DAVIS

441 S.W.2d 401 (1969)

WOLF CREEK COLLIERIES COMPANY, Appellant, v. Wallace J. DAVIS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 27, 1969.

Attorney(s) appearing for the Case

Donald Combs, Pikeville, W. R. McCoy, Jr., Inez, for appellant.

W. A. Johnson, Paintsville, for appellee.

CULLEN, Commissioner.

Wallace J. Davis recovered judgment on a jury verdict against Wolf Creek Collieries Company, in the amount of $2,500, as damages for depletion of a water well on Davis' land found by the jury to have been caused by blasting operations in underground coal mining carried on by Wolf Creek near the Davis property. Wolf Creek has appealed, asserting several grounds of error. We are reversing the judgment because appellee's counsel persistently and...

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