BOSTIC v. WHITED


93 S.E.2d 334 (1956)

198 Va. 237

Didena BOSTIC and Carnle Odell Bostic, an Infant Who Sues by His Next Friend, Didena Bostic, v. J. B. WHITED and Roy Reedy.

Supreme Court of Appeals of Virginia.

June 18, 1956.


Attorney(s) appearing for the Case

Brantley B. Griffith, Lebanon, and Erma Griffith Greenwood, Knoxville, Tenn. (A. T. Griffith, Lebanon, on brief), for plaintiffs in error.

J. E. Duff, Lebanon, for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, SMITH, and WHITTLE, JJ.


WHITTLE, Justice.

The Bostics filed a motion for judgment against Whited and Reedy seeking the recovery of $6,000 damages for the wrongful mining and removal of 810 tons of coal from their lands.

Defendant Reedy filed no responsive pleadings; however, defendant Whited, by leave of court, filed an answer, stating among other things that he had attempted to settle the claim with plaintiffs but they could not come to...

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