Signaigo v. N & W RY. CO.

In this appeal from the Circuit Court of Mingo County, we are asked to determine whether a railroad company acquired the minerals underlying a trackway when it condemned that trackway in 1929. The circuit court held that the railroad acquired a fee simple interest. The appellant contends the circuit court erred in this finding since the railroad had not specifically sought a fee simple interest in its condemnation application. We affirm the lower court.

The appellant, Leo J. Signaigo, Jr., instituted this action in the Circuit Court of Mingo County to recover the value of natural gas extracted…