M. H. Solliday, appellee, v. Peabody Coal Company, appellant.

Action for damages for subsidence of plaintiff’s land due to negligent mining by defendant. Judgment for plaintiff. Appeal from the Circuit Court of Christian county; the Hon. F. R. Dove, Judge, presiding. Heard in this court at the April term, 1922.

Affirmed.

Opinion filed July 10, 1922.

Walter M. Provine, for appellant. Hogan & Reese, for appellee.

Mr. Justice Heard

delivered the opinion of the court.