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BARKER v. HAWKINS

No. 12838.

173 S.E.2d 79 (1970)

Ruth Ann BARKER, as Administratrix of the Estate of William David Barker, v. Kathleen M. HAWKINS, as Administratrix of the Estate of Tracey Lee Hawkins.

Supreme Court of Appeals of West Virginia.

Decided March 17, 1970.

Attorney(s) appearing for the Case

Steptoe & Johnson, Willis O. Shay, Clarksburg, for appellant.

Wilson, Frame & Rowe, Clark B. Frame, Morgantown, Maruka & Sansalone, Frank Sansalone, Fairmont, for appellee.

BROWNING, President.

This action arose out of a one-car accident in which the driver, Hawkins (defendant's decedent), and a passenger, Barker (plaintiff's decedent) were killed. These two and three other passengers were all in the Navy and were on their way home from Norfolk, Virginia, to the Fairmont, West Virginia, area on leave for the weekend. They first stopped at a restaurant outside Winchester, Virginia, where they ate and purchased "three six-packs to a case...

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