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BIRTCHERD DAIRY v. EDWARDS

91 S.E.2d 421 (1956)

197 Va. 830

BIRTCHERD DAIRY, Incorporated, v. Paul T. EDWARDS, Administrator of the Estate of Henry Dale Edwards, Deceased, et al., etc.

Supreme Court of Appeals of Virginia.

March 5, 1956.

Attorney(s) appearing for the Case

Woodward & Ward, Norfolk, for plaintiff in error.

Bangel, Bangel & Bangel, Portsmouth, Seawell, Johnston, McCoy & Winston, Norfolk, for defendants in error.

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

BUCHANAN, Justice.

Henry Dale Edwards, a child of three years, was struck and killed by a truck owned by Birtcherd Dairy, Incorporated, and operated by its agent. His administrator brought this action for damages against the Dairy Company and William E. Morris, trading as Ideal Bakery, charging that the concurring negligence of both was the cause of the decedent's death. There were a verdict and judgment against the Dairy Company and in favor of Morris, from which...

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