CRAIGHEAD v. SELLERS


76 S.E.2d 212 (1953)

194 Va. 920

CRAIGHEAD v. SELLERS.

Supreme Court of Appeals of Virginia.

June 8, 1953.


Attorney(s) appearing for the Case

Stuart B. Carter and E. C. Westerman, Jr., Fincastle, for plaintiff in error.

Woods, Rogers, Muse & Walker, Roanoke, for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH, and WHITTLE, JJ.


EGGLESTON, Justice.

Marvin Lathern Craighead, while walking along the highway, was struck and killed by a car driven by Walter Sellers. In an action for wrongful death by the administrator against Sellers, after the conclusion of the plaintiff's evidence the trial court struck the evidence on the ground that it showed, as a matter of law, that the accident was proximately caused by the concurring negligence of the decedent and the defendant.

The sole issue...

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