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WOLFE v. BEATTY MOTOR EXPRESS

No. 10872.

101 S.E.2d 81 (1957)

Robert M. WOLFE v. BEATTY MOTOR EXPRESS, Inc., et al.

Supreme Court of Appeals of West Virginia.

Decided December 10, 1957.

Dissenting Opinion December 16, 1957.

Attorney(s) appearing for the Case

Ezra E. Hamstead, Morgantown, for plaintiff in error.

Hale J. Posten, Robert T. Donley, Morgantown, for defendant in error.

BROWNING, Judge.

This is an action of trespass on the case instituted by the plaintiff, Robert M. Wolfe, to recover for personal injuries sustained when the automobile of plaintiff struck the parked tractor-trailer unit owned by the defendant, Beatty Motor Express, Inc., and operated by the defendant Cunningham. At the conclusion of plaintiff's evidence, defendants moved the court to strike the evidence of the plaintiff and direct a verdict in favor of the defendants...

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