FAIRFAX INN v. SUNNYHILL MINING CO.

Civil Action No. 203-E.

97 F.Supp. 991 (1951)

FAIRFAX INN, Inc. v. SUNNYHILL MINING CO.

United States District Court, N. D. West Virginia.

June 8, 1951.


Attorney(s) appearing for the Case

R. Doyne Halbritter, James T. Dailey, Jr., Kingwood, W. Va., L. Baker Fowler, Elkins, W. Va., for plaintiff.

Jacob S. Hyer and Donald K. Crawford, Elkins, W. Va., for defendant.


BAKER, Chief Judge.

This action is based upon alleged damages caused to the property of the plaintiff by the defendant. It is claimed that this damage resulted when the defendant blasted with dynamite on defendant's property and the concussion therefrom injured the plaintiff's property. There is no allegation that the blasting cast any rocks or other debris upon the plaintiff's property. The complaint sets forth three causes of action; first, it alleges that the defendant...

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