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RICE v. STAPLETON

502 S.W.2d 522 (1973)

Danny Lee RICE, Administrator of the Estate of James Roger Rice, Deceased, Appellant, v. Edgar STAPLETON et al., Appellees.

Court of Appeals of Kentucky.

December 7, 1973.

Attorney(s) appearing for the Case

Robert J. Greene, Perry & Greene, Paintsville, for appellant.

Hazelrigg, Knight & Kirk, Wells & Wells, Paintsville, for appellees.

VANCE, Commissioner.

This is an appeal from a judgment entered pursuant to a jury verdict which awarded appellees the sum of $3,000.00 for damage to their real property resulting from mining operations conducted by the appellant on adjoining property.

In 1903 Benjamin Grim conveyed to John C. Mayo the mineral rights in a 95-acre tract of land. The conveyance gave the grantee the right:

"* * * to enter upon said land, and use and operate the same,...

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