Houck-Reidler Bros. Coal Mining v. Upper Elk & Potomac Coal Corp.

Kenna, Judge:

Houck-Reidler Brothers Coal Mining Company brought this action of trespass on the case against Upper Elk and Potomac Coal Corporation in the circuit court of Preston County, West Virginia, to recover the penalty prescribed by Code, 37-5-1, for mining coal within five feet of the boundary line of adjoining property. Four statutory encroachments are alleged, and $2,000.00 is the amount sought to be recovered.

The defendant appeared and filed, in addition to the general issue, its special plea alleging that the plaintiff is not the owner of. the coal land, encroachment within five…