Mitchell v. Clowser

CaplaN, Judge:

This case is before the Court on certification from the Circuit Court of Braxton County. It involves an action instituted by the plaintiff, Howard C. Mitchell, against the defendant, Wallace Clowser, d/b/a Clowser Mobile Sales, wherein the plaintiff seeks to recover damages for injuries which he alleges he received while in the employment of the defendant.

The facts giving rise to this controversy are revealed by the pleadings and stipulations filed by the parties, there having been no evidence presented in the trial court. It appears therefrom that the defendant is engaged in…