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HAYNES v. CITY OF NITRO

No. 13624.

240 S.E.2d 544 (1977)

Mae L. HAYNES v. The CITY OF NITRO, etc., Appellant, Penn Central Transportation Co., etc., et al., Appellees.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 6, 1978.

Attorney(s) appearing for the Case

Betty L. Caplan, Charleston, for appellant.

Kay, Casto & Chaney, Robert H. C. Kay and George S. Sharp, Charleston, for appellees.

HARSHBARGER, Justice:

On January 19, 1972 Mae Haynes was a passenger in an automobile operated by her daughter-in-law, Linda K. Workman, who drove it off Wilson Street in the City of Nitro, Kanawha County, and onto Penn Central Transportation Company's tracks that were more than a foot below street level.

Wilson Street was a public street, at least to the point where it entered the Penn Central right-of-way. But...

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