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MILLER v. BENNETT

56 S.E.2d 217 (1949)

190 Va. 162

MILLER v. BENNETT.

Supreme Court of Appeals of Virginia.

November 21, 1949.

Attorney(s) appearing for the Case

Francis S. Miller, Harrisonburg, D. B. Marshall, Paxson, Williams & Fife, Charlottesville, for plaintiff in error.

Charles A. Hammer, Jr., Sam P. Conrad, Harrisonburg, for defendant in error.

Before HUDGINS, C. J., and GREGORY, EGGLESTON, SPRATLEY, BUCHANAN, STAPLES, and MILLER, JJ.

HUDGINS, Chief Justice.

Raymond J. Bennett, Adm'r of Kerneda C. Bennett, instituted this action against Iva Rodeffer Davis Coffman to recover $15,000 damages for the wrongful death of decedent. It was alleged that the death of decedent was the result of an abortion, or an attempted abortion, performed by defendant upon Mrs. Bennett. The trial court overruled defendant's contention that proof that decedent consented to the commission of the illegal or immoral act barred...

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