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HERSHMAN v. PAYNE

83 S.E.2d 418 (1954)

196 Va. 241

J. B. HERSHMAN v. J. N. PAYNE.

Supreme Court of Appeals of Virginia.

September 8, 1954.

Attorney(s) appearing for the Case

Langhorne Jones, Samuel M. Hairston, Chatham, for plaintiff in error.

W. Carrington Thompson, Joseph Whitehead, Jr., Chatham, for defendant in error.

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

MILLER, Justice.

J. N. Payne was injured when a truck driven by J. B. Hershman, in which Payne was riding as a guest, was involved in a collision with an automobile operated by Marvin Edwards. In the trial court Payne obtained a verdict and judgment against both Hershman and Edwards, but as no appeal was sought by Edwards, the judgment against him has become final.

The controlling question presented is whether or not the evidence, when considered in the light...

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