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ROBERTS v. POWELL

No. 13030.

207 S.E.2d 123 (1973)

Lenora ROBERTS et al. v. I. J. POWELL et al.

Supreme Court of Appeals of West Virginia.

Decided December 4, 1973.

Dissenting Opinion July 29, 1974.

Attorney(s) appearing for the Case

Hostler, Logsdon & Shinaberry, Sterl F. Shinaberry, Charleston, for appellants.

Camper & Watson, Wade T. Watson, Welch, for appellees.

NEELY, Justice:

This appeal from the Circuit Court of McDowell County raises four principal assignments of error as a consequence of a jury trial in which both compensatory and punitive damages were recovered by the surface owners of land against the mineral owners. I. J. Powell, et al., the mineral owners, defendants below and appellants here assert that the circuit court erred when it: (1) permitted a general verdict...

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