Virginian Railway Co. v. Sprague Land Co.

Riley, Judge:

In this proceeding in eminent domain, The Virginian Railway Company prosecutes this writ of error to the judgment of the Circuit Court of Wyoming County directing payment to James and Leola Sanders Damron, defendants in error, the owners of all minerals, except coal, underlying the tract sought to be acquired, of $2,750.00, the balance of a commissioner’s award in the amount of $15,000.00, after the payment of $12,250.00 by the railway company to Sprague Land Company for the surface and coal.

In this case, the railway company did not elect in the first instance to acquire less…