Swick v. West Virginia Coal & Coke Co.

Fox, Judge:

Dillen L. Swick instituted an action before a justice of the peace, in which he sought to recover from the West Virginia Coal and Coke Company the sum of $300.00, his claim being for “damages for a wrong, trespassing on land,” as appears from the justice’s transcript. Judgment was rendered by the justice for the full amount of the claim, and on appeal to the circuit court of Barbour County a verdict for a like amount was returned by a jury. A motion to set aside the verdict was overruled, and judgment was entered thereon for the plaintiff, to which action by the court the Coal and…