KENTUCKY BORDER COAL COMPANY, INC. v. MULLINS


504 S.W.2d 696 (1973)

KENTUCKY BORDER COAL COMPANY, INC., Appellant, v. Grace MULLINS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 15, 1974.


Attorney(s) appearing for the Case

W. A. Johnson, Johnson & Johnson, Paintsville, for appellant.

John W. Kirk, Hazelrigg, Knight & Kirk, Inez, for appellees.


VANCE, Commissioner.

This is an appeal from a judgment entered pursuant to a jury verdict which awarded appellees the sum of $250.00 for damages to timber on their lands, 5¢ per ton "wheelage" for coal hauled across their land from adjoining lands and punitive damages in the sum of $75,000.00.

The grounds for appeal are: (1) The appellant was entitled to a directed verdict because no compensable damages were proven, (2) the instructions were erroneous...

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