Johnson v. Junior Pocahontas Coal Co., Inc.

McGraw, Justice:

By judgment order of March 10, 1975, the Circuit Court of McDowell County sustained defendant’s motion for summary judgment and dismissed plaintiffs’ action. By order of March 26, 1975, the trial court overruled plaintiffs’ motion to set aside or to amend or alter the court’s judgment order of March 10, 1975, sustaining defendant’s motion for summary judgment, and again ordered dismissal of plaintiffs’ action. The action is before this Court on plaintiffs’ appeal from the judgments of the trial court.

Plaintiffs, Lonnie Johnson and Hattie S. Johnson, husband and wife, commenced…