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CHESAPEAKE AND OHIO RAILWAY COMPANY v. HANES

86 S.E.2d 122 (1955)

196 Va. 806

CHESAPEAKE AND OHIO RAILWAY COMPANY v. Rudolph A. HANES, also Known as R. A. Hanes, Administrator of the Estate of Malrie Virginia Wright Hanes, Deceased.

Supreme Court of Appeals of Virginia.

Rehearing Denied April 22, 1955.

Attorney(s) appearing for the Case

Walter Leake, Meade T. Spicer, Jr., Richmond, for plaintiff in error.

Hirschler & Fleischer, Rooke, Merhige & Cole, Richmond, for defendant in error.

Before EGGLESTON, SPRATLEY, BUCHANAN, MILLER and SMITH, JJ.

EGGLESTON, Justice.

On December 1, 1952, at about 8:40 a. m., Malrie Virginia Wright Hanes, while driving her automobile southeastwardly along State Highway No. 652 and across the main track of the Chesapeake and Ohio Railway Company in Hanover county, Virginia, was instantly killed when her car was struck by the Diesel engine of an eastbound passenger train. In an action for wrongful death the administrator of her estate has recovered a verdict and judgment of $15...

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