Covert v. Chesapeake & Ohio Railway Co.

Miller, President:

Plaintiffs sued defendant for damage to their six houses and four lots (sub-divided) in Laurel City addition to the town of Clothier, located on the east bank of Spruce Fork of Little Coal River, in Boone County, and obtained a verdict and judgment for one thousand dollars, of which the defendant complains.

The declaration, in one count, we think good, and the demurrei thereto was properly overruled. The gravamen of the action is that plaintiffs, before or during the progress of the work doing the injury, constructed six houses on said lots; that the defendant owned and…