PRESTON MINING COMPANY v. Matney

This appeal is a sequel to that involved in William S. Stokes, Jr., Inc. v. Matney, 194 Va. 339, 73 S. E. (2d) 269. In that case we affirmed a decree of the lower court which held that William S. Stokes, Jr., Inc., did not have the right to haul its coal, machinery and supplies over a private road which led across the land of McKinley Matney.

The present action at law was brought by Matney against Stokes, whose name had been changed to Preston Mining Company, to recover the sum of $15,000 alleged to be due for the use and occupancy of the plaintiff’s land in hauling coal and supplies over this…