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CARY v. HOTEL RUEGER

81 S.E.2d 421 (1954)

195 Va. 980

CARY v. HOTEL RUEGER, Inc. et al.

Supreme Court of Appeals of Virginia.

May 3, 1954.

Attorney(s) appearing for the Case

George E. Allen, Allen, Allen, Allen & Allen, Richmond, W. Hooker Harbour, Roanoke, for plaintiff in error.

Robert G. Butcher, Parrish, Butcher & Parrish, Richmond, for defendants in error.

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

SMITH, Justice.

This is an action by James E. Cary, Sr., administrator of the estate of Homer Robert Cary, hereinafter referred to as plaintiff, against Hotel Rueger, Inc. and others, hereinafter referred to as defendants, to recover for the alleged wrongful death of plaintiff's decedent, which was caused by defendants' servant, one George Frazier (not a party to this action).

At the conclusion of the plaintiff's evidence the defendants moved the court to...

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