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BOWMAN v. BARNES

No. 15073, 15120.

282 S.E.2d 613 (1981)

John C. BOWMAN, Admr., Etc., Appellant, v. Edda B. BARNES, Individually, et al., Etc., Appellees. John C. BOWMAN, Admr., Etc., v. Edda B. BARNES, Etc., et al., Defendants Below Edda B. Barnes, Etc., Appellant, the B & O Railroad Co., Etc., Appellee.

Supreme Court of Appeals of West Virginia.

September 29, 1981.

Attorney(s) appearing for the Case

Rice, Hannis & Douglas and Charles F. Printz, Jr., Martinsburg, for appellant Bowman in No. 15073.

Avey, Steptoe, Perry, VanMetre & Rockwell and Sprague W. Hazard, Martinsburg, for appellant Barnes in No. 15120.

Martin & Seibert, Clarence E. Martin, Jr. and Clarence E. Martin, III, Martinsburg, for appellees.

MILLER, Justice:

This appeal involves a railroad crossing wrongful death claim. The question of the proper procedural treatment of multiple defendants in a comparative negligence trial is raised. The standard of care required of a railroad at a railroad crossing must also be resolved, as well as several questions regarding evidentiary issues. We have consolidated plaintiff Bowman's appeal with defendant Barnes' appeal since both involve the issue of whether the trial...

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