Huffman v. Appalachian Power Co.

(Filed Jan. 8, 1992)

I concur with finding APCO not liable to the trespasser, Mr. Huffman. However, in light of Justice Workman’s separate opinion, I feel compelled to discuss the putative new rules about duties to trespassers.

I do not agree with the dicta in the majority opinion that would create new ways to hold property owners liable for injuries to trespassers. As the majority correctly states, “[W]ith regard to a trespasser, a possessor of property only need refrain from wilful or wanton injury.” See maj. op. 187 W.Va. at 4, 415 S.E.2d at 148. I don’t understand why the majority opinion…