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DICKERSON v. MILLER

85 S.E.2d 275 (1955)

196 Va. 659

John C. DICKERSON, Administrator, etc., v. Ben MILLER.

Supreme Court of Appeals of Virginia.

January 17, 1955.

Attorney(s) appearing for the Case

Dalton, Poff & Turk, Radford, for plaintiff in error.

Gentry & Locke, Roanoke, Spiers & Spiers, Radford, for defendant in error.

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

SMITH, Justice.

John C. Dickerson, administrator of the estate of Nana Lucy Dickerson, deceased, brought this action against Ben Miller to recover for his decedent's wrongful death which occurred in the early morning hours of September 28, 1951 while she was riding as an occupant of the defendant's car.

The case came on for trial upon an amended motion for judgment containing two counts, one of which alleged that the decedent was a paying passenger in defendant...

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