PERRY v. SCOTT

No. 10240.

59 S.E.2d 652 (1950)

PERRY v. SCOTT.

Supreme Court of Appeals of West Virginia.

Decided May 16, 1950.


Attorney(s) appearing for the Case

D. L. Salisbury, H. D. Rollins, Charleston, P. W. Hendricks, Madison, for plaintiff in error.

Steptoe & Johnson, Charleston, Harry G. Shaffer, Madison, Wilson Anderson, Charles W. Yeager, Charleston, for defendant in error.


GIVEN, Judge.

This action of trespass on the case was instituted in the Circuit Court of Boone County for recovery of damages for personal injuries suffered by the plaintiff as the result of being struck by an automobile being driven by the defendant. The trial court, over objections of the defendant, permitted the case to go to the jury. The jury, having failed to agree after about three hours of deliberation, was recalled by the court and, upon renewal of defendant...

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