Davis v. Town of Cashion

LAVENDER, Vice Chief Justice:

Separate tort actions were brought by three adults and one minor, through her mother, against Town of Cashion (town), a municipal corporation. Suits were consolidated for jury trial and this appeal. Dol-leen Davis (plaintiff) and Larry Davis (plaintiff) were husband and wife. Kimberly Davis (plaintiff), the minor, was their three-year-old daughter. Ruth Smith (plaintiff) was Dolleen’s mother.

Ruth Smith lived at Cashion. May 6, 1973, the three Davises were visiting her. Daughter, Dolleen, and mother, Ruth, had gone to the Smith’s cellar to secure Dolleen some…