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HONEA v. WEST VIRGINIA PULP AND PAPER COMPANY

No. 10445.

380 F.2d 704 (1967)

Ben T. HONEA, Appellant, v. WEST VIRGINIA PULP AND PAPER COMPANY, a corporation, and Jervis B. Webb Company of Georgia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 30, 1967.

Attorney(s) appearing for the Case

Gedney M. Howe, Jr., Charleston, S. C. (Joseph R. Young and Morris D. Rosen, Charleston, S. C., on brief), for appellant.

Wm. H. Grimball, Jr., Charleston, S. C. (D. A. Brockinton, Jr., Grimball & Cabaniss, and Brockinton & Brockinton, Charleston, S. C., on brief), for appellees.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

BOREMAN, Circuit Judge.

Attacked on appeal in this personal injury action are (1) the trial court's charge to the jury on the issue of assumption of risk, and (2) the court's refusal to submit to the jury the question of the defendant's willful, wanton and reckless misconduct.

Plaintiffs, Ben T. Honea and the Standard Accident Insurance Company, brought this action against West Virginia Pulp and Paper Company (hereafter defendant or Pulp Company) in the federal...

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