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HOIER v. NOEL

98 S.E.2d 673 (1957)

199 Va. 151

Russell C. HOIER, Administrator of the Estate of David Mason Hoier, Deceased, v. Winston O. NOEL.

Supreme Court of Appeals of Virginia.

June 14, 1957.

Attorney(s) appearing for the Case

Aubrey R. Bowles, Jr., Richmond (W. P. Hay, Jr., Farmville, J. Calvitt Clarke, Jr., Bowles, Anderson & Boyd, Richmond, on the brief), for plaintiff in error.

J. Segar Gravatt, Blackstone, for defendant in error.

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

EGGLESTON, Justice.

On May 20, 1955, about 7:50 p.m., as Winston O. Noel was driving eastwardly along Fayette street, in the town of Farmville, his car struck two children who were riding on or playing with a tricycle in the street. David Mason Hoier, aged three, one of the children, was killed, and Ned Wright, aged four, the other child, was injured. Russell C. Hoier, administrator of the estate of the child who was killed, filed the present action for wrongful death...

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