DEPT. OF ENERGY v. HOBET MIN. & CONST.

No. 17157.

358 S.E.2d 823 (1987)

WEST VIRGINIA DEPARTMENT OF ENERGY: Kenneth R. Faerber, Commissioner of the West Virginia Department of Energy; and Mark Scott, Director of the Division of Mines and Minerals of West Virginia Department of Energy v. HOBET MINING AND CONSTRUCTION COMPANY.

Supreme Court of Appeals of West Virginia.

June 30, 1987.


Attorney(s) appearing for the Case

Laura Beverage, Jackson, Kelly, Holt & O'Farrell, Charleston, for appellant.

Charles G. Brown, Atty. Gen., Steve Barcley, Asst. Atty. Gen., for appellee.


NEELY, Justice:

This case arises from an accident at Hobet Mining Company's strip mine located in Boone County. Hobet was in the process of removing material known as innerburden to reach a coal seam at Hobet Mine No. 21. The ordinary procedure for removing innerburden is to drill holes into the strata, pack the holes with explosive charges, detonate the charges, remove the shattered material and repeat the process. After one such charge was detonated, Burton N. Lay...

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