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TOLBERT v. GILLESPIE

79 S.E.2d 670 (1954)

195 Va. 647

TOLBERT v. GILLESPIE et al.

Supreme Court of Appeals of Virginia.

January 25, 1954.

Attorney(s) appearing for the Case

S.H. & George C. Sutherland, Clintwood, for plaintiff in error.

Kiser, Vicars & Kiser, Wise, Campbell & Campbell, Lynchiburg, for defendants in error.

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

WHITTLE, Justice.

Elicie Tolbert, administratrix of the estate of her husband, Clifford Tolbert, sued D. M. Gillespie and C. M. Gillespie, partners trading as Coeburn Grocery Company, and David Gross, for damages occasioned by the death of plaintiff's decedent in an automobile-truck collision. At the time of the accident Tolbert was driving his automobile and Gross was operating the Coeburn Grocery truck.

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