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LESTER v. ROSE

No. 12177.

130 S.E.2d 80 (1963)

Bert LESTER, Administrator of Estate of Agnes N. Lester v. Frank ROSE et al., and Edgar Allen Blankenship.

Supreme Court of Appeals of West Virginia.

Decided February 26, 1963.

Dissenting Opinion March 11, 1963.

Attorney(s) appearing for the Case

Crockett, Tutwiler & Crockett, Charles A. Tutwiler, Welch, for appellant.

Harry G. Camper, Jr., U. S. Dist. Atty., Charleston, Ben B. White, Jr., Leo Catsonis, Princeton, George A. Daugherty, Charleston, for appellee.

BERRY, President.

This is an action of trespass on the case instituted in the Circuit Court of Mercer County, West Virginia, on August 26, 1959, under the old procedure, but the trial of the case did not start until August 29, 1960, after the effective date of the New Rules of Civil Procedure in this State, which was July 1, 1960.

This action arose out of an automobile accident which occurred in McDowell County,...

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