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SENTRY ROYALTY COMPANY v. KIMMEL

461 S.W.2d 76 (1970)

SENTRY ROYALTY COMPANY, Appellant, v. Dorothy Faye KIMMEL and Paul Kimmel, Appellees.

Court of Appeals of Kentucky.

December 11, 1970.

Attorney(s) appearing for the Case

Dan Cornette, Jarvis, Cornette & Payton, Greenville, for appellant.

Alfred C. Ross, Greenville, Bennett Bratcher, Morgantown, for appellees.

CULLEN, Commissioner.

In the process of strip-mining the No. 11 coal from a tract of land owned by Dorothy Faye Kimmel, under a mineral lease which expressly authorized strip-mining, Sentry Royalty Company deposited the overburden from the first "cut" in a spoil bank on a slope around 75 feet above a partially uncompleted dwelling house owned by Mrs. Kimmel. Some two years later, during a rainy season, the spoil bank slid down the slope, destroying the house and a...

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