WAGONER v. JACK'S CREEK COAL CORPORATION


101 S.E.2d 627 (1958)

199 Va. 741

Jack WAGONER, Jr. v. JACK'S CREEK COAL CORPORATION.

Supreme Court of Appeals of Virginia.

Rehearing Denied March 7, 1958.


Attorney(s) appearing for the Case

George C. Sutherland, Clintwood (S. H. & George C. Sutherland, Clintwood, on brief), for plaintiff in error.

C. H. Combs, Grundy (Combs, Combs & Street, Grundy, on brief), for defendant in error.

Before EGGLESTON, SPRATLEY, BUCHANAN, WHITTLE and SNEAD, JJ.


BUCHANAN, Justice.

The plaintiff, Jack Wagoner, Jr., instituted this action seeking compensation from the defendant, Jack's Creek Coal Corporation, for hauling coal in trucks over a road on the plaintiff's land, by reason of which he alleged that the defendant had benefited to the extent of $4,500, which it should pay to the plaintiff. At the conclusion of plaintiff's evidence the court struck it out, judgment was entered...

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