Bell v. West
West Virginia Supreme Court
1DissentHarshbarger, Chief Justice
The majority today does not reject the family purpose doctrine. It reaffirms it for West Virginia.1 What it does, is limit it unnecessarily and I believe, unwisely.
Our Court supports the public policy underlying the rule as articulated in Watson v. Burley, 105 W. Va. 416, 420, 143 S.E. 95, 96 (1928):
A moving consideration for this adoption [of the family purpose doctrine] was to place “the financial responsibility of the owner behind the automobile while it is being used by a member of the family, who is likely to be financially irresponsible.” Should we not give to the word “family” a…
2Cases cited9 opinions
- King v. SmytheTennessee Supreme Court · 1918
- Hutchins v. HaffnerSupreme Court of Colorado · 1917
- Marques v. RossCourt of Appeals of Georgia · 1961
- Watson v. BurleyWest Virginia Supreme Court · 1928
- Michaelsohn Ex Rel. Michaelsohn v. SmithNorth Dakota Supreme Court · 1962
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