Huddleston v. Deans

I respectfully dissent from the reasoning contained in the majority opinion.

The Court’s decision evidently turns upon the premise that the alley in question is a public way. In establishing this premise, the majority of the Court took the view that the case of City of Point Pleasant v. Caldwell, 87 W. Va. 277, 104 S. E. 610, is not in point with the’ instant case. But the opinion simply says that the two cases are distinguishable upon factual grounds. No effort is made to direct attention to the grounds of distinction. Personally, I have been unable to find any satisfactory ground upon which…