Bennett v. 3 C Coal Co.

MILLER, Justice:

Consolidation Coal Company (Consol) appeals from a judgment of the Circuit Court of Wyoming County denying its motion to set aside the verdict, or, in the alternative, to grant a new trial, in a civil action seeking damages for the disturbance of graves in a family cemetery due to mining subsidence. The plaintiff, John Bennett, was awarded $250,000 in compensatory damages and $500,000 in punitive damages. Consol assigns a number of errors. For the reasons that follow, we reverse the judgment of the circuit court and remand for a new trial on the issue of damages.

I

The plaintiff…