Duke v. Westvaco Development Corp.

Sanders, Chief Judge:

Appellant Duke was injured when he drove his truck into a ditch which stretched across a road owned by respondent Westvaco. The trial judge granted a nonsuit in favor of Westvaco on the grounds Duke was a trespasser and was guilty of contributory negligence. Duke also appeals from the order of the trial judge excluding testimony of two witnesses and refusing to continue the case for trial. We reverse.

The- road in question was, at one time, a public highway known as Trolly Road. This road was conveyed to Westvaco by quit claim deed dated March 14, 1978. However, people not…