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action Affirmed American amount appeal application Association authority believe bill called cause charge civilization claim Code commission common complete consideration Constitution contract corporation County debt decision decree deed defendant direct duty effect error evidence execution existence fact Federal give given grant ground hand injury instruction interest issue Judge judgment judicial jury justice land lawyer less limited matter means ment Mercer County nature necessary never operation owner party person plaintiff practice present President profession proper purchase question reasonable reference Remanded result Reversed rule statute suit Supreme Court thereof thing tion trial United verdict West Virginia whole witness