Cline v. Star Coal & Coke Co.
This text of 153 S.E. 148 (Cline v. Star Coal & Coke Co.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action for damages to the surface of land caused by the removal of coal from under the same. The defendant prosecutes this writ of error to a judgment of the trial court rendered upon a jury verdict.
Through inadvertence there was no plea nor joinder of issue. This is fatal error. Coal & Coke Co. v. Cunninghame, 93 W. Va. 12, 116 S. E. 719, and many cases there cited.- This basic rule covering an indispensable element of procedure has been reiterated in the later cases of Mining Co. v. Coal Co., 96 W. Va. 11, 122 S. E. 286, and Trust Co. v. Todd, 101 W. Va. 31, 131 S. E. 638.
It would be a vain thing to'undertake to discuss the merits *102 of the ease when the whole trial in the circuit court was abortive. What we might say would be pure dictum.
We reverse the judgment, set aside the verdict, and remand the case for further proceedings.
Reversed and remanded.
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Cite This Page — Counsel Stack
153 S.E. 148, 109 W. Va. 101, 1930 W. Va. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cline-v-star-coal-coke-co-wva-1930.