Sripetch v. SEC · ¶29

By way of illustration, consider Raven Red Ash Coal Co. v. Ball, 185 Va. 534, 39 S. E. 2d 231 (1946). There, a company had acquired the right to mine coal from a tract of land, part of which was owned by the plaintiff. Id., at 537–539, 39 S. E. 2d, at 232–233. Along with that right, the company also received an easement to cross the land, but only “ `for the purpose of digging for, mining, or otherwise securing the coal' ” from the tract in question. Ibid. The company did just that, constructing a railroad across the land and using it to transport coal. Ibid. But, without authorization, the company also used the railroad to transport coal from other tracts of land. Ibid. The plaintiff sued, alleging that the company had exceeded the scope of its easement. Ibid.A jury agreed, awarding the plaintiff $500 even though he admitted that he had suffered “ `no more damage' ” than being…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.