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REILLEY v. BYARD

No. 12081.

119 S.E.2d 650 (1961)

Paul E. REILLEY v. Howard Lee BYARD and Walter Humphrey.

Supreme Court of Appeals of West Virginia.

Decided May 2, 1961.

Attorney(s) appearing for the Case

Schmidt, Laas & Schrader, Thomas B. Miller, Wheeling, Raymond R. Hyre, Moundsville, for plaintiff in error.

James P. Clowes, James D. McDermott, Russell B. Goodwin, Sr., Wheeling, for defendants in error.

CALHOUN, Judge.

This case involves an action of trespass on the case instituted in the Circuit Court of Marshall County by Paul E. Reilley against Howard Lee Byard and Walter Humphrey, in which the plaintiff alleges that he sustained personal injury and property damage as a consequence of an automobile accident caused by the concurrent negligence of the two defendants.

A default judgment was taken against Walter Humphrey and thereafter the case proceeded to...

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