Burke v. Owens-Illinois Glass Co.

MOORE, Chief Judge.

Plaintiff filed her action of trespass on the case against defendants in the Circuit Court of Boone County, West Virginia, from which it was removed to this court because of diversity of citizenship. She seeks to recover damages in the amount of $15,000, claiming that defendants have entered 'upon a 40 acre tract of land which plaintiff says belongs to her in fee, and have drilled a gas well thereon, removing large quantities of gas and damaging the property in various ways. Defendants deny plaintiff’s ownership of the minerals in said 40 acre tract.

At the pre-trial…