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KEEN v. PARAGON JEWEL COAL COMPANY

122 S.E.2d 543 (1961)

203 Va. 175

Gallie KEEN v. PARAGON JEWEL COAL COMPANY, Incorporated.

Supreme Court of Appeals of Virginia.

November 27, 1961.

Attorney(s) appearing for the Case

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

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

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

SPRATLEY, Justice.

Gallie Keen instituted this proceeding against Paragon Jewel Coal Company, Incorporated, hereinafter referred to as defendant, by motion for judgment, to recover damages for the use of plaintiff's land over which defendant had been hauling coal mined by it from adjoining lands. Defendant filed grounds of defense setting out that it has a right of way of necessity over Keen's land for all purposes to which its lands may be reasonably devoted, and...

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