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SPAUR v. HAYES

No. 12130.

126 S.E.2d 187 (1962)

J. A. SPAUR, Adm'r of Clarence R. Spaur, etc. v. Gerald L. HAYES, Adm'r of Onslow Haymond Rastle, etc. Cora FOX, Adm'x of Dennis B. Siers, etc. v. Gerald L. HAYES, Adm'r of Onslow Haymond Rastle, etc.

Supreme Court of Appeals of West Virginia.

Decided June 26, 1962.

Attorney(s) appearing for the Case

Stathers & Cantrall, Mary Frances Brown, Clarksburg, for appellants.

Steptoe & Johnson, Kingsley R. Smith, David C. Clovis, Clarksburg, for appellee.

BROWNING, Judge.

These two actions for wrongful death arise out of an automobile accident which occurred at approximately 3:00 A.M. on March 18, 1958, in the village of Ireland, Lewis County, West Virginia. By agreement of the parties the cases were consolidated for trial and the following facts were stipulated. The automobile, owned by defendant's decedent, Onslow Haymond Rastle, hereinafter referred to as defendant, and occupied by Rastle and plaintiffs' decedents...

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