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BAYLOR v. NORFOLK AND WESTERN RY. CO.

No. 16958.

355 S.E.2d 924 (1987)

Betty Ann BAYLOR, Administratrix of the Estate of Leslie H. Baylor, Deceased v. NORFOLK AND WESTERN RAILWAY CO., et al.

Supreme Court of Appeals of West Virginia.

April 1, 1987.

Attorney(s) appearing for the Case

Nichols & Skinner, John C. Skinner, Jr., Charles Town, for appellant.

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

NEELY, Justice:

On 14 March 1976 George Twyman and Leslie Baylor became severely intoxicated. They then got into Mr. Baylor's car with Mr. Twyman driving and proceeded down Route 9 in Jefferson County. At the intersection of Route 9 and the track of the defendant Norfolk and Western Railway, on the edge of the town of Ranson, they were hit by defendant's train. Both Mr. Baylor and Mr. Twyman were killed. Post-mortem blood alcohol tests revealed that Mr. Baylor's blood...

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