Marjorie A. Mullins v. Clinchfield Coal Corporation

THOMSEN, District Judge.

Appellant, plaintiff below, is the owner of the mineral and mining rights in a tract of land known as the Upper Bond Tract in Wise County, Virginia. Appel-lee, defendant below, is the owner of the residuum of the title, and mines coal on neighboring tracts. The questions pre sented by this appeal are: (1) whether defendant was guilty of a willful trespass in excavating sites for a tipple and slack bin and in grading a sidecut for tram-tracks on the Upper Bond tract, as a result of which some outcrop coal and other coal lying adjacent to the outcrop, together with a…