McLean County Coal Co. v. Long

Citations

• 81 Ill. 359

Syllabus

<p>1. Meastjbe op damages—rule the sarnie in trover and trespass. A different rule of damages does not prevail in trespass for breaking and entering a coal mine and carrying away coals, and trover for the coals, except where circumstances of aggravation are relied on in trespass. The rule is the same in both forms of action.</p> <p>2. Same—in trover for coals taken from mine of plaintiff. The measure of damages in an action of trover for coals taken from the mine of the plaintiff and converted to use of defendant, is, the value of the coals at the mouth of the pit, less the cost of conveying the coal from the place where it is dug to the mouth of the shaft.</p>