Legal Opinion

Godfrey v. Weyanoke Coal & Coke Co.

West Virginia Supreme Court

Decided October 8, 1918PublishedCited by 14 opinions

Case certified from Circuit Court, Mercer County. Trespass on the ease by T. B. Godfrey against the Weyan-oke Coal & Coke Company. Rulings on demurrer to declaration certified from the circuit court.

1Opinion of the Court

LyNch, Judge :

The declaration in trespass on the ease for damages for injury to land contains four counts to each of which defendant demurred. The court sustained the demurrer as to the first, two counts and overruled it as to the other two, and *667these rulings are certified to this coiirt for review. The plaintiff is the owner of the land alleged to be damaged; bnt his ownership does not include the coal, other minerals or metals upon, within or under the lands, title to those having been transferred by his grantors to George M. Bartholomew and David E. Johnston, August 21, 1882. Wherefore…

2Cases cited2 opinions

  1. Madden v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1905
  2. Catron v. South Butte Mining Co.Court of Appeals for the Ninth Circuit · 1910

3Cited by14 opinions

  1. Kelly v. Rainelle Coal Co.West Virginia Supreme Court · 1951
  2. Drummond v. White Oak Fuel Co.West Virginia Supreme Court · 1927
  3. Hall v. Harvey Coal & Coke Co.West Virginia Supreme Court · 1921
  4. Continental Coal Co. v. Connellsville By-Product Coal Co.West Virginia Supreme Court · 1927
  5. Winnings v. Wilpen Coal Co.West Virginia Supreme Court · 1950

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