Winnings v. Wilpen Coal Co.

Haymond, Judge:

In this action of trespass on the case, instituted in the Circuit Court of Greenbrier County, West Virginia, the plaintiffs, Denver Winnings and Alfreda Winnings, seek a recovery against the defendant, Wilpen Coal Company, a corporation, for damage to the land of the plaintiffs con-' sisting of breaks, cracks and subsidence of the surface and destruction of a dwelling house and a valuable fresh water spring, caused by the failure of the defendant, in mining and removing an underlying seam of coal, to provide adequate support for the overlying surface. To the declaration, which…