Raven Red Ash Coal Co. v. Ball

39 S.E.2d 231 (1946)

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Nature of the Case

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Facts

Ball (P) proved that he is the present owner of 100 acres of land that used to be part of a 265-acre tract formerly owned by Sparks. Sparks by deed in 1887 conveyed the coal and mineral rights on the 265-acre tract to Doran and Dick. The deed gave Doran and Dick an easement over what is now P’s 100 acres to haul out the coal from their mines on adjacent land totaling 3,000 acres. About 2,000 feet of roadway was built on P’s land. Raven Red Ash Coal (D) bought Doran and Dick’s mining interests on their original land and acquired mining rights on five more small tracts, but the easement does not grant any right to haul coal from these five tracts. The testimony revealed that during the past five years D hauled about 50,000 tons of coal mined from the five smaller tracts and 950,000 tons from the lands formerly owned by Doran and Dick. It was estimated that over 8 million tons were still on the larger land and about 180,000 tons on the five smaller tracts. P sued D for use and occupation of the easement across his land and wanted $5,000 in damages. D denied liability. P got the judgment for $500. D appealed.