Lambert v. Great Atl. & Pac. Tea Co., Inc
In Lambert v. Great Atl. & Pac. Tea Co., Inc., 155 W. Va. 397, 407, 184 S.E.2d 118, 124 (1971), one of the issues raised on appeal by the plaintiff was that the trial court committed error in giving an instruction that indicated the defendant was presumed not to have been negligent. The presumption involved the operation of a motor vehicle by the defendant.
The Court did not approve of the presumption instruction given in that case. Because the plaintiff failed to properly preserve the issue for appellate review, the Court declined to address the propriety of the instruction.