Shanholtz v. Monongahela Power Co.

270 S.E.2d 178 (1980)

Monty SHANHOLTZ

v.

MONONGAHELA POWER COMPANY.

No. CC914.

Supreme Court of Appeals of West Virginia.

July 10, 1980.

John F. McCuskey, McCuskey, Martin & Lavender, Bridgeport, for plaintiff.

Herbert G. Underwood, Steptoe & Johnson, Clarksburg, for defendant.

CAPLAN, Justice:

This case is before the Court on certification from the Circuit Court of Harrison County. There, the court granted Monongahela Power Company's motion to dismiss and, upon the motion of the plaintiff, certified its ruling to this Court for decision. Although no issue was made of the fact that the procedure…