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CRUSENBERRY v. NORFOLK & WESTERN RAILWAY CO.

No. 12971.

180 S.E.2d 219 (1971)

Grace L. CRUSENBERRY v. NORFOLK & WESTERN RAILWAY COMPANY, et al. Orland D. VAN DYKE v. NORFOLK & WESTERN RAILWAY COMPANY, etc.

Supreme Court of Appeals of West Virginia.

Decided March 30, 1971.

Rehearing Denied June 22, 1971.

Attorney(s) appearing for the Case

Crockett, Tutwiler & Crockett, J. Strother Crockett, Welch, for appellant.

Owen R. Griffith, Jr., Princeton, for appellee Orland D. Van Dyke.

Ballard & Shinaberry, Sterl F. Shinaberry, W. H. Ballard, Welch, for appellee Crusenberry.

CAPLAN, President:

This is a proceeding on a motion to reinstate an appeal which had been granted by this Court and subsequently dismissed as improvidently awarded.

In a civil action instituted in the Circuit Court of McDowell County a trial before a jury resulted in a verdict in the amount of $15,000.00 in favor of the plaintiff, Grace Crusenberry, and a verdict in favor of Orland D. Van Dyke, on his cross-bill, in the sum of $5,000.00. After a motion to...

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