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ELLIS v. HENDERSON

No. 10802.

95 S.E.2d 801 (1956)

Albert C. ELLIS v. Aubrey HENDERSON et al.

Supreme Court of Appeals of West Virginia.

Decided December 18, 1956.

Dissenting Opinion January 8, 1957.

Rehearing Granted March 4, 1957.

Attorney(s) appearing for the Case

C. E. Copen, Winfield, for plaintiff in error.

Herbert W. Bryan, C. Judson Pearson, St. Albans, for defendants in error.

LOVINS, Judge.

In this action of trespass on the case instituted in the Circuit Court of Putnam County to recover damages for personal injuries, the plaintiff, Albert C. Ellis, was awarded a judgment in the amount of $9,000 against the defendants, B. L. Henderson and Aubrey Henderson, the former's alleged employee, based upon a verdict of the jury. To this judgment the defendants, B. L. Henderson and Aubrey Henderson, prosecute this writ of error.

Plaintiff...

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