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ARMSTEAD v. HOLBERT

No. 12076.

122 S.E.2d 43 (1961)

Wanda Carroll ARMSTEAD, an Infant, etc., Who Sues by Raymond Armstead, Her Next Friend, v. Henry H. HOLBERT, Otho Schoolcraft and Conlon Baking Company, a Corporation.

Supreme Court of Appeals of West Virginia.

Decided July 3, 1961.

Concurring Opinion September 6, 1961.

Attorney(s) appearing for the Case

Lane & Preiser, John J. Lane, Stanley E. Preiser, Charleston, for plaintiff in error.

Simpson, Sloan & Baughan, Spencer P. Simpson, Jackson, Kelly, Holt & O'Farrell, W. T. O'Farrell, Robert K. Kelly, Charleston, for defendants in error.

BROWNING, Judge.

Plaintiff, Wanda Carroll Armstead, was seriously injured on April 7, 1957, when she was struck by an automobile driven by the defendant, Henry H. Holbert. Plaintiff and a friend were proceeding in a northerly direction along the west side of U. S. Route 119, a two-lane highway, in the Town of Clendenin when they came to the intersection of Elm Street. Traffic was stopped in the west lane of Route 119, the defendant, Otho Schoolcraft, stopping his...

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