Kerr v. Clinchfield Coal Corp.

*152The plaintiff in the trial court, who is the plaintiff in error in this case, owned the surface of a tract of land containing twenty-three acres in Dickenson county, Virginia, fronting on the west side of McClure river some 1,200 feet, and extending back from the river and up the mountain side a distance approximating 2,000 feet. Immediately between the river and the points where the ascent to the high land or mountain begins is a level bottom of width varying from 100 to 250 feet.

On this land are situated four houses. Three of them are owned by the plaintiff and one is owned by her daughter…