BROWNING, Judge.
Plaintiffs, the owners of a tract of 34.89 acres of the Lower Freeport seam of coal, less one acre owned by the defendant, Jennings, instituted this action in the Circuit Court of Preston County on December 5, 1961, to recover damages for coal allegedly wrongfully removed by the defendants from said tract and for statutory damages of $41,000.00 for 82 alleged penetrations of the five-foot line. Defendant Jennings answered, denying that he had mined...
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