Raymond Fred Walker v. Monongahela Power Company, a Corporation, and Okey Floyd

Summary

The West Virginia Supreme Court affirmed a $35,400 judgment for a motorcyclist injured when the power company line truck he was passing made a left turn and collided with him. The court held that whether Freedom Way was a no-passing zone under Code, 1931, 17C-7-7, and whether the parties' conduct amounted to primary or contributory negligence, were conflicting-evidence questions for the jury, and that a verdict founded on conflicting testimony and approved by the trial court will not be disturbed unless against the plain preponderance of the evidence. Defense objections to the plaintiff's instructions were held too general or untimely under R.C.P. Rule 51, and each refused defense instruction was properly refused. No separate opinions were filed.