Preston County Coke Co. v. Preston County Light & Power Co.

Being of the firm view that the controlling question, the question relating to the application of the statute of limitations, was unquestionably for jury determination, and that the experienced and learned trial judge properly submitted that question to the jury, I am forced to dissent. It is of interest to note that the majority admits that there is a conflict in the evidence, and though the majority now says that the verdict was contrary to the “clear and decided” preponderance of the evidence, it did not seem so when the re-argument was ordered, on the very same record. Moreover, in the…