Preston County Coke Co. v. Preston County Light & Power Co.

119 S.E.2d 420 (1961)

PRESTON COUNTY COKE COMPANY

v.

PRESTON COUNTY LIGHT AND POWER COMPANY.

No. 12007.

Supreme Court of Appeals of West Virginia.

Submitted September 13, 1960.

On Court's Own Motion October 18, 1960.

Decided March 28, 1961.

Dissenting Opinion April 24, 1961.

Rehearing Denied May 9, 1961.

Steptoe & Johnson, James M. Guiher, Clarksburg, Charles V. Wehner, Kingwood, for plaintiff in error.

Charles H. Brown, Kingwood, Russell L. Furbee, Fairmont, Daniel Gersen, New York City, for defendant in error.

HAYMOND, President.

This is an action of assumpsit instituted in the Circuit Court of Preston…