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HENTHORN v. COLLINS

No. 12044.

118 S.E.2d 358 (1961)

Lychester R. HENTHORN v. John Auldie COLLINS, etc.

Supreme Court of Appeals of West Virginia.

Decided February 14, 1961.

Rehearing Denied March 28, 1961.

Attorney(s) appearing for the Case

Beryl A. Cunningham, William L. Jacobs, Parkersburg, for plaintiff in error.

McCluer, Davis, McDougle, Stealey and Morris, R. E. Stealey, Parkersburg, for defendant in error.

GIVEN, Judge.

The plaintiff, Lychester R. Henthorn, instituted an action of trespass on the case, in the Circuit Court of Wood County, against Auldie Collins, whose full name was John Auldie Collins. Process was served on a son of John Auldie Collins, whose full name was Charles Auldie Collins. The father and son were each commonly known as "Auldie" Collins. On the trial the son established that he was not the "Auldie" Collins involved in the automobile collision...

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