England v. Shufflebarger

166 S.E.2d 126 (1969)

Oscar ENGLAND

v.

Janet SHUFFLEBARGER et al.

No. 12742.

Supreme Court of Appeals of West Virginia.

Submitted January 28, 1969.

Decided February 25, 1969.

Dissenting Opinion March 4, 1969.

Richardson & Hancock, Robert M. Richardson, Bluefield, James C. Lyons, Warren McGraw, Pineville, for appellants.

D. Grove Moler, Mullens, for appellee.

BROWNING, Judge:

Plaintiff, Oscar England, instituted this action in the Circuit Court of Wyoming County to recover for personal injuries allegedly sustained when a truck he was driving was struck in the rear by an automobile owned by the defendant,…