Smith v. Utilities Elkhorn Coal Co.

Court of Appeals of Kentucky (pre-1976)

Smith v. Utilities Elkhorn Coal Co.

138 S.W.2d 992, 282 Ky. 363, 1940 Ky. LEXIS 197

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedMarch 19, 1940

StatusPublished

This text of 138 S.W.2d 992 (Smith v. Utilities Elkhorn Coal Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Utilities Elkhorn Coal Co., 138 S.W.2d 992, 282 Ky. 363, 1940 Ky. LEXIS 197 (Ky. 1940).

Pincite

Opinion

Opinion op the Court by

Creal, Commissioner

Affirming.

This is a companion case of A. B. Flannery et al. v. Utilities Elkhorn Coal Company, 282 Ky. 355, 138 S. W. (2d) 988, and Ed. Crisp v. Utilities Elkhorn Coal Co., 282 Ky. 362, 138 S. W. (2d) 991. Appellants own a portion of the lands formerly owned by Samuel Halbert who conveyed the minerals with certain easement rights to Walter S. Harkins. Appellees are successors in title to Harkins.

The pleadings in this ease are in all material respects the same as the pleadings in the Crisp case and the evidence is in substance and effect the same as in the two companion cases, therefore, on the authority of those opinions the judgment must be and is affirmed on both original and cross appeals.

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