Bailey v. S. J. Groves & Sons Co.

Berry, Chief Justice:

The S. J. Groves & Sons Company, the defendant in an action in the Circuit Court of Mercer County for damages for trespass to real property, appeals a summary judgment entered against it.

The facts are without dispute, a stipulation of all material matters having been made by the parties in the trial court.

In 1970, the S. J. Groves & Sons Company entered into a contract with the West Virginia Department of Highways to build a segment of highway between Princeton and Oakvale in Mercer County, West Virginia. By the terms of the contract, Groves was to construct the highway…