Bailey v. Baker

On Rehearing

Riley, President:

This case having been decided at a former hearing on December 18, 1951, in defendants’ favor, and reported in 137 W. Va. 85, 68 S. E. 2d 74, is now before this Court on rehearing.

In plaintiff’s brief in support of the petition for rehearing, and in the brief filed by the Charleston Bar Association amicus curiae counsel 'expressed grave doubt as to the soundness of this Court’s opinion handed down on the original hearing; and the suggestion was made that the decision made in this case and the opinion filed, stating the reasons for the decision, were contrary to the…