Griffith v. Clark Manufacturing Company

Opinion op the Court by

Chiep Justice Clarke

Reversing.

In this action in trespass appellants sought to recover $15,000.00 damages for the removal of coal from their land by appellees. They recovered a judgment for only $200.00 and have appealed.

Appellees admit the trespass and there is but little, if any, substantial contradiction in the evidence as to the quantity of coal removed or destroyed. The real if not the only question at issue therefore was its value. This depends primarily upon whether the taking was willful as alleged by plaintiffs or by honest mistake as maintained by defendants,…