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CARTER v. WILLIS

No. 11085.

117 S.E.2d 594 (1960)

Elisha CARTER v. George W. WILLIS, Doing Business as Willis Water Works.

Supreme Court of Appeals of West Virginia.

Resubmitted on Court's own motion September 27, 1960.

Decided December 20, 1960.

Attorney(s) appearing for the Case

J. W. Maxwell, Fletcher W. Mann, Beckley, for plaintiff in error.

Clay S. Crouse, David D. Ashworth, Beckley, for defendant in error.

BROWNING, President.

Plaintiff, Elisha Carter, instituted this action of trespass on the case in the Circuit Court of Raleigh County to recover damages of the defendant, George W. Willis, trading and doing business as Willis Water Works, in the amount of $10,000. The declaration alleges that defendant had obtained a certificate of convenience and necessity from the Public Service Commission to furnish water to the plaintiff and others, and, pursuant thereto, undertook...

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