Consolidation Coal Company v. Mineral Coal Company

Haymond, Judge:

In this civil action instituted in the Circuit Court of Barbour County on November 1, 1961, the plaintiff, Consolidation Coal Company, a corporation, seeks injunctive relief against the defendant, Mineral Coal Company, a corporation, to enjoin and restrain the defendant from mining and removing by the strip or auger method the coal in an area around the No. 3 Tipple and the No. 3 Portal of Galloway Mine No. 3 of the plaintiff, located on Simpson Creek, in Barbour County, West Virginia.

Sometime prior to the first day of November, 1961, the defendant had entered the lands of the…