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HAMILTON v. BROWN

No. 13410.

207 S.E.2d 923 (1974)

James HAMILTON, infant, etc., et al. v. Anderson H. BROWN.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion August 15, 1974.

Attorney(s) appearing for the Case

Andrew J. Goodwin, Charleston, for appellants.

Willard L. Brown, Catsonis & Linkous, Leo Catsonis and Thomas L. Linkous, Charleston, for appellee.

NEELY, Justice:

This is an appeal from a final order of the Circuit Court of Kanawha County affirming an order of the Common Pleas Court of Kanawha County by which the trial court set aside a jury verdict for the plaintiffs and directed a verdict for the defendant.

The action below was for personal injuries arising from an accident which occurred on August 22, 1966 when the infant plaintiff, James Hamilton, then thirteen years old, was visiting his grandfather...

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