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2 Coal Mining L.J. 1 (1908)

handle is hein.journals/coalmiljo2 and id is 1 raw text is: THE COAL MININ6 LAW JOURNAL BELLEVILLE, ILL., MARCH i, 19o8. NO I. THE COAL MINING LAW JOURNAL PUBLISHED BY COAL MINING LAW PUBLISHING CO. Copyrighted, I907, by THOMAs R. MOULD. SUBSCRIPTIONS: SINGLE COPIES ..........................20 CENTS YEARLY SUBSCRIPTIONS ..... $2.00 All communications and remittances to COAL MINING LAW PUBLISEING COMPANY, Belleville, Illinois. Entered at the Post Office at Belleville, Ill., as second lass mail matter. -NOT.- Coal Mining Opinions filed in the Illinois Appellate .ourt will be published in The Coal Mining Law Journal the next issue after they are filed. TABLE OF CONTENTS GULF & INTERSTATE RY. CO. v. SOUTHWESTERN COAL SELLING 00. (Tex.) Appeal- Petition-Proof - Presumptions- Corporations-For- eign Corporations-Right to Sue.......1 VIRGINIA IRON, COAL & COKE CO. v. CAI'PBELL (Ky.) Estoppel- Equitable-Claim to 'Minerals ... ...... 3 iOUTHWESTERN DEVELOPMENT 00. v. BOYD. (Ind. T.) Injuries to Miner-Failure to Sprag Coal Cars- Incomptency of Fellow Servant- Res Ipsa Loquitor- Applicability - Employer's Liability.. ................4 REICHERT et al. v. MISSOURI & ILL- INOIS COAL CO. (Ill.) Trusts-Ten- ure of Trustee-Death and Supervis- orship-Appointment' and Succession of New Trustee-Collateral Attack on Appointment-Abatement and Reviv- al-Persons Whose Death Will Abate Action .... ......................13 KIRBY v. HILLSIDE COAL CO. et al. (Kv.) Master and Servant-Injury to Servant - Assumption of Risk - Mining................ ............16 MISSOURI & ILLINOIS COAL CO. v. CONSOLIDATED COAL CO. OF ST. LOUIS. (Mo.) Sales-Breach of Con- tract-Measure of Damages- Mistake -Accord and Siatisfaction-Evidence -Payment of Part of Liquidated In- debtedness-Trial by Court-Declara- tion of Law.. .......................18 COMBS et al. v. VIRGINIA IRON, COAL & COKE 00. kKy.) Boundaries -Description-Courses and Distances -Appeal- Decisions Reviewable - Matters Not Presented or Considered -Mines and Minerals-Quieting Title -Necessity of Possession-Champerty and Maintenance-Possession- Statu- tory Provisions- Deeds -Description Sufficiency- Judgment -Conclusive- ness-Persons Concluded .. .... ......21 BLA1OKWOOD COAL & COKE CO. v. JAMES (Va.) Master and Servant- Mule Driver Injured-Sufficiency of Declaration- Opinion Evidence-Dis- position of Animal-Bill of Exceptions -Authority to Make-Appeal -Writ of Error- Questions Presented for Review-Necessity for Setting Forth Evidence.. . ..... ........ ..... .... 23 COMMONWEALTH v. POCAHONTAS COAL & COKE CO. (Va.) Taxation- Assessment- Coal Lands- Writ of Error-Finding of Trial Judge. ......26 HIGGINS v. ROUND BOTTOM COAL & COIKE Co. (W. Va.) Deeds-Valid- ity-Constr action-Intention- Mines and Minerals-Effect 'of Deeds....... .28 ROBINSON et al. v. KIS fLER..(W. Va.) Appeal- Review- Grant of New Trial - Witnesses -Impeachment- Mines and Minerals -Mining Lease - Con- struction- Royalty ...................34 GULF & INTERSTATE RY. O. v. SOUTH- WESTERN COAL SELLING CO. 165 S. W. Rep. 64. (Court of Civil Appeals of Texas. Oct. 30, 1907.) 1. Appeal - Petition - Proof - Presump- tions. Plaintiff sued a railroad company for coal sold and delivered to its receiver while he was in possession, alleging that on a specified VOL. 2.

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