No. 12496.

150 S.E.2d 579 (1966)

James Finley TOLLIVER, Plaintiff, v. Nancy Ellen SHUMATE, Everett Shumate and J. R. Tolliver, Defendants, United States of America, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided October 18, 1966.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Milton J. Ferguson, U. S. Atty., Charleston, W. Va., Morton Hollander, Chief, Appellate Section, U. S. Dept. of Justice, Kathryn H. Baldwin, Dept. of Justice, Washington, D. C., for appellant.

Bowers, File, Hodson & Payne, W. H. File, Jr., Edward M. Payne, III, Beckley, for appellees.


This is a civil action instituted in the Circuit Court of Raleigh County on March 12, 1964, in which the plaintiff, James Finley Tolliver, seeks to recover damages in the amount of $20,000.00 from the defendants, Nancy Ellen Shumate, Everett Shumate and J. R. Tolliver, for personal injuries caused by the alleged negligence of the defendants as a result of a collision between a truck, driven by the defendant J. R. Tolliver, in which the plaintiff was...


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