#### F. B. Miller, appellee, v. Saline County Coal Company, appellant.

Action by surface owner to recover damages for injury to property caused by subsidence of land owing to mining of coal by lessee of mineral rights. Judgment for plaintiff. Appeal from the Circuit Court of Saline county; the Hon. D. T. Hartwell, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed January 26, 1923.

Miley & Combe, Warren Nichols and A. C. Lewis, for appellant. W. G. Kane, for appellee.

Mr. Justice Higbee

delivered the opinion of the court.