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ROSE v. ONEIDA COAL CO., INC.

No. 18206.

375 S.E.2d 814 (1988)

Walter J. ROSE and Ruth O. Rose v. ONEIDA COAL CO., INC.

Supreme Court of Appeals of West Virginia.

December 13, 1988.

Attorney(s) appearing for the Case

Joseph W. McFarland, Parkersburg, for appellants.

W.T. Weber, Jr., Weston, for appellee.

NEELY, Justice:

Appellants are the surface owners of three tracts totalling approximately 50 acres in Braxton County. Their land was part of a 1,546 acre parcel that was conveyed in 1915 by a severance deed to P.J. Berry. The 1915 deed conveyed the surface to Mr. Berry and reserved all the coal, and right to mine the coal without being liable

for any injury to said land, or to anything therein or thereon, by reason of the mining and removal of said coal therefrom...

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