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EVANS v. MUTUAL MIN.

No. 23550.

485 S.E.2d 695 (1997)

199 W.Va. 526

Ralph E. EVANS and Nellie S. Evans, Plaintiffs Below, Appellants, v. MUTUAL MINING, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 11, 1997.

Attorney(s) appearing for the Case

Robert Lee White, Madison, for Appellants.

Robert H. Sweeney, Jr., Jenkins, Fenstermaker, Krieger, Kayes & Agee, Huntington, Cheryl A. Keffer, Bastien & Gerwig, Charleston, for Appellee.

STARCHER, Justice:

Ralph E. and Nellie S. Evans appeal a jury verdict awarding them $5,000 for the damages they suffered when an impoundment of water under the control of Mutual Mining ("Mutual") inundated their property. On appeal, Mr. and Mrs. Evans allege the damage award was inadequate because of the circuit court's following errors: (1) exclusion of their testimony as owners of the value of their personal property, (2) exclusion of evidence of the concomitant...

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