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NEHI BOTTLING COMPANY v. LAMBERT

86 S.E.2d 156 (1955)

196 Va. 949

NEHI BOTTLING COMPANY, Incorporated, v. Fred O. LAMBERT.

Supreme Court of Appeals of Virginia.

March 7, 1955.

Attorney(s) appearing for the Case

Joseph S. Gillespie, Smith & Peery, Tazewell, for plaintiff in error.

Boggess & Coates, Tazewell, John W. McClintock, Jr., Richlands, for defendant in error.

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

SPRATLEY, Justice.

This writ of error brings under review the record of the second trial of an action instituted by Fred O. Lambert against the Nehi Bottling Company, Incorporated, to recover damages for personal injuries sustained in a collision between an automobile driven by the plaintiff and a truck operated by an agent of the defendant. On a trial held May 28, 1953, the jury were unable to agree upon a verdict; but upon the second trial held on September 3, 1953...

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