Raven Red Ash Coal Co. v. Ball
Supreme Court of Virginia
39 S.E.2d 231 (1946)
Relevant factsFree
Raven Red Ash Coal Co. (Raven) (defendant) leased coal rights and an easement across a 265-acre parcel (later partly acquired by Estil Ball, plaintiff) to reach an adjacent 3,000-acre tract for mining and transporting coal, but after acquiring coal rights on five additional properties, Raven also transported nearly 49,000 tons of coal from those additional properties across Ball's land using the same easement — beyond the easement's original scope. Ball sued for the increased, unauthorized use, and a jury awarded him $500 in damages; Raven appealed.
IssueFree
Whether an easement holder may be held liable for the increased use of an easement if the easement holder has benefited from the increased use.