NORFOLK AND WESTERN R. CO. v. SHARP

No. 19358.

395 S.E.2d 527 (1990)

NORFOLK AND WESTERN RAILROAD COMPANY, a Virginia Corporation v. Janie Severt SHARP, Janie Severt, Virginia Severt Lester, Agnes Severt Black, Elsie Severt Church, and Tom Church, etc., d/b/a Iaeger Pocahontas Coal Company; and Iaeger Pocahontas Coal Company and any Other Unknown Claimants to Title of the Interest in Real Estate Sought to be Condemned, Including but Not Limited to R.C. Napier, etc., Defendants Below; Elsie Severt Church and Tom Church.

Supreme Court of Appeals of West Virginia.

July 18, 1990.


Attorney(s) appearing for the Case

James W. St. Clair, St. Clair & Levine, Huntington, for Janie Severt Sharp, Janie Severt, Virginia Severt Lester, Agnes Severt Black, Elsie Severt Church and Tom Church, etc.

Thomas E. Potter, Thad S. Huffman, Jackson & Kelly, Charleston, for Norfolk & Western R. Co.


MILLER, Justice:

This is an appeal by Janie Severt Sharp, et al. (the landowners) from a final order of the Circuit Court of McDowell County, dated April 10, 1989, which confirmed the commissioners' finding in a condemnation proceeding that $3,000 was just compensation for an easement through the landowners' property. Moreover, the circuit court found that the landowners failed to file their exceptions to the commissioners' report or to request a jury trial within...

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