Dunning v. Barlow & Wisler, Inc.
West Virginia Supreme Court
1DissentHaymond, Judge
As in my opinion the judgment of the circuit court upon the evidence disclosed by the record was clearly wrong, I emphatically dissent from the decision of the majority of this Court which affirms that judgment in favor of the plaintiffs. I would reverse for the reason that the finding of the circuit court that the plaintiffs were not guilty of negligence is not supported by the evidence and that, in my opinion, it clearly appears from undisputed evidence that the plaintiffs were guilty of contributory negligence as a matter of law which bars them from any recovery against the defendant.
The…
2Cases cited60 opinions
- Cotiga Development Co. v. United Fuel Gas Co.West Virginia Supreme Court · 1962
- Yuncke v. WelkerWest Virginia Supreme Court · 1945
- Norman v. Virginia-Pocahontas Coal Co.West Virginia Supreme Court · 1910
- Spurlin v. NardoWest Virginia Supreme Court · 1960
- Johnson v. BurnsWest Virginia Supreme Court · 1894
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