Wilson v. Shrader
West Virginia Supreme Court
Error to Circuit Court, Barbour County. Action by Henry S. Wilson against Samuel W. Shrader. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POEEENBARGER, PRESIDENT :
Henry S. Wilson, suing for the benefit of Samuel V. Woods,' instituted his three several actions in debt against Shrader for recovery of the penalty given by section 7 of chapter 79 of the Code against a coterminus land owner for mining coal within five feet of the line of the adjacent owner without his consent in writing, and an action of assumpsit for the recovery of the value of the coal taken out of the adjacent land. Each of the three actions of debt was founded upon a violation of the statute, separate and distinct from those upon which the others rested, there…
2Cases cited12 opinions
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