West Virginia Supreme Court December 11, 1973, 13298 (Jones, Inc. v. W. A. Wiedebusch Plumbing & Heating Co.)

Berry, Chief Justice:

The facts developed during the trial of this case are set out in more detail in the opinion of the companion appeal case involving the same parties, but a brief statement of the facts for the disposition of this appeal, which involves a procedural question, follows:

This action was instituted after a sprinkler head installed for fire prevention purposes in a retail