NIBERT v. CARROLL TRUCKING CO.

No. 10619.

82 S.E.2d 445 (1954)

NIBERT v. CARROLL TRUCKING CO. et al.

Supreme Court of Appeals of West Virginia.

Decided March 23, 1954.

Dissenting Opinion April 1, 1954.

Concurring Opinion June 10, 1954.


Attorney(s) appearing for the Case

Arthur S. Landacre, Huntington, for plaintiff in error.

Scherr, Meek & Vinson, Daugherty & Daugherty, Duncan W. Daugherty, Sr., J.B. Meek, E. A. Marshall, William C. Beatty, Fitzpatrick, Marshall, Huddleston & Bolen, Huntington, for defendants in error.


HAYMOND, Judge.

This writ of error was awarded to a judgment of the Circuit Court of Cabell County in an action of trespass on the case instituted by the plaintiff Lawrence Nibert who seeks to recover from the defendants Carroll Trucking Company, a corporation, C. C. Carroll, C. I. Carroll, Paul Carroll and Virgil Carroll, partners trading and doing business as Carroll Equipment Company, and Howard B. Thornburg and Claud...

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