Norfolk & Western Railroad v. Sharp

MILLER, Justice:

This is an appeal by Janie Severt Sharp, et al. (the landowners) from a final order of the Circuit Court of McDowell County, dated April 10,1989, which confirmed the commissioners’ finding in a condemnation proceeding that $3,000 was just compensation for an easement through the landowners’ property. Moreover, the circuit court found that the landowners failed to file their exceptions to the commissioners’ report or to request a jury trial within the time limits prescribed by W.Va.Code, 54-2-10 (1967); hence, the landowners waived these rights.

I

On September 1,1988, Norfolk and…