Gawthrop v. Fairmont Coal Co.

Robinson, Judge :

This is another step in the ease reported in 68 W. Va. 650. The action is one for the recovery of the statutory penalty of five hundred dollars, which accrues in favor of the owner of land containing coal as against an adjoining owner who mines the coal vein within five feet of the division line. Code 1913, ch. 79, sec. 7.

*40When the ease went back for trial, defendant tendered a plea that the cause of action did not accrue within one year prior to the institution of the suit. That plea was rejected. At the trial, plaintiff was permitted to show a violation of the statute within…