Roberts v. Powell

207 S.E.2d 123 (1973)

Lenora ROBERTS et al.

v.

I. J. POWELL et al.

No. 13030.

Supreme Court of Appeals of West Virginia.

Submitted September 19, 1973.

Decided December 4, 1973.

Dissenting Opinion July 29, 1974.

Hostler, Logsdon & Shinaberry, Sterl F. Shinaberry, Charleston, for appellants.

Camper & Watson, Wade T. Watson, Welch, for appellees.

NEELY, Justice:

This appeal from the Circuit Court of McDowell County raises four principal assignments of error as a consequence of a jury trial in which both compensatory and punitive damages were recovered by the surface owners of land against the mineral…