Lester v. Rose

Berry, President:

This is an action of trespass on the case instituted in the Circuit Court of Mercer County, West Virginia, on August 26, 1959, under the old procedure, but the trial of the case did not start until August 29, 1960, after the effective date of the New Rules of Civil Procedure in this State, which was July 1, 1960.

This action arose out of an automobile accident which occurred in McDowell County, West Virginia, on March 28, *5791958, in which the plaintiff’s decedent, Agnes N. Lester, was killed. The plaintiff, Bert Lester, husband of the decedent, qualified as the administrator…