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CRAMER v. DEPT. OF HIGHWAYS

No. 17302.

375 S.E.2d 568 (1988)

Donley CRAMER and Lillian Wallace v. WEST VIRGINIA DEPARTMENT OF HIGHWAYS, a Corporation, and William Ritchie, Commissioner of Department of Highways.

Supreme Court of Appeals of West Virginia.

November 21, 1988.

Attorney(s) appearing for the Case

David P. Brown, Frank B. Everhart, Everhart, Brown & Snyder, Kingwood, for Cramer & Wallace.

Paul E. Parker, Jr., Fairmont, Charles V. Wehner, Kingwood, for W.Va. Dept. of Highways.

PER CURIAM:

This appeal from the final order of the Circuit Court of Preston County (the "trial court") presents the question of whether there was sufficient evidence to support the jury's determination that the road in question was a public road. We believe the evidence was clearly insufficient for such a determination. We also believe the appellants' motion for judgment notwithstanding the verdict should have been granted. Accordingly, we set aside the jury verdict...

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