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COSTELLO v. CITY OF WHEELING

No. 11088.

117 S.E.2d 513 (1960)

Madalyn J. COSTELLO, P. E. v. CITY OF WHEELING, etc. et al.

Supreme Court of Appeals of West Virginia.

Decided July 12, 1960.

Dissenting Opinion September 9, 1960.

Attorney(s) appearing for the Case

Goodwin, Spillers & Mead, Wheeling, for plaintiff in error.

Jeremy C. McCamic, George G. Bailey, Handlan, Garden, Matthews & Hess, Lester C. Hess, Schmidt, Laas & Schrader, Thomas B. Miller, Wheeling, for defendants in error.

BROWNING, President.

In this action of trespass on the case, plaintiff, Madalyn Costello, seeks to recover for personal injuries sustained when she fell on a sidewalk abutting Market Street in the City of Wheeling, West Virginia. The defendants are the City of Wheeling, The First National Bank & Trust Company, as Trustee for the beneficial owners of the McLain Building in front of which the fall occurred, and Simon Penn and Lillian Penn, doing business as Penn...

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