SMITH v. CARPENTER


92 S.E.2d 275 (1956)

198 Va. 91

Ray Erwln SMITH v. Hurley CARPENTER.

Supreme Court of Appeals of Virginia.

April 23, 1956.


Attorney(s) appearing for the Case

Preston P. Taylor, Norfolk (Taylor, Gustin & Harris, Norfolk, on the brief), for plaintiff in error.

John S. Rixey, Norfolk (Rixey & Rixey, Norfolk, an the brief), for defendant in error.

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


WHITTLE, Justice.

Carpenter secured a jury verdict against Smith for personal injuries resulting from an automobile accident. Smith's motion that the verdict be set aside on the ground that the evidence disclosed that Carpenter was guilty of contributory negligence as a matter of law was overruled and judgment entered on the verdict. To review the ruling we granted Smith a writ of error.

The sole question presented is: Was Carpenter guilty of contributory...

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