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FLETCHER v. HORN

89 S.E.2d 89 (1955)

197 Va. 317

Ishmael FLETCHER, Administrator of the Estate of James Edward Burchett, Deceased, v. George W. HORN and Ernest Thompson.

Supreme Court of Appeals of Virginia.

September 14, 1955.

Attorney(s) appearing for the Case

S. H. & George C. Sutherland, Clintwood, W. A. Daugherty, Pikeville, Ky., for plaintiff in error.

Combs, Combs & Street, Grundy, for defendants in error.

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

EGGLESTON, Justice.

This is an action for wrongful death by Ishmael Fletcher, administrator of the estate of James Edward Burchett, deceased, against George W. Horn and Ernest Thompson, arising out of a collision between a sedan driven by Tommie Daniel, in which Burchett was a passenger, and an empty logging truck owned by Horn and driven by his employee, Thompson. After all of the evidence had been heard by a jury the trial court struck the plaintiff's evidence on...

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