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BRADLEY v. APPALACHIAN POWER CO.

Nos. 14310, 14345.

256 S.E.2d 879 (1979)

Brenda Sue BRADLEY v. APPALACHIAN POWER COMPANY. Brady NAPIER v. ELK GROCERY COMPANY.

Supreme Court of Appeals of West Virginia.

July 10, 1979.

Attorney(s) appearing for the Case

E. Joseph Buffa, Jr., DiTrapano, Jackson & Buffa, Charleston, for appellant in No. 14310.

W. T. Shaffer, A. L. Emch, Jackson, Kelly, Holt & O'Farrell, Charleston, for appellee in No. 14310.

Menis E. Ketchum, Greene, Ketchum & Mills, Huntington, for appellant in No. 14345.

Michael J. Farrell, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, for appellee in No. 14345.

MILLER, Justice:

In these two cases, which have been consolidated on appeal, we are asked to re-examine and ameliorate the common law doctrine of contributory negligence.

In each case the plaintiff sought by way of an instruction to utilize the doctrine of comparative negligence to avoid the defense of contributory negligence. The tendered instruction was rejected and the usual contributory negligence instruction...

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