JOHNS v. BLUE RIDGE TRANSFER COMPANY


97 S.E.2d 723 (1957)

199 Va. 63

H. P. JOHNS et al., Administrators, etc. v. BLUE RIDGE TRANSFER COMPANY, Incorporated, et al.

Supreme Court of Appeals of Virginia.

April 26, 1957.


Attorney(s) appearing for the Case

John D. Butzner, Jr., Fredericksburg, (J. B. Hudson, Jr., J. L. Fray, Culpeper, Butzner & Hicks, Fredericksburg, Fray & Hudson, Culpeper, on brief), for plaintiffs in error.

G. Kenneth Miller, Richmond, (John G. May, Jr., Richmond, Robert Button, Culpeper, May, May & Garrett, Richmond, Hiden, Bickers & Button, Culpeper on brief), for defendants in error.

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


MILLER, Justice.

H. P. Johns and J. L. Fray, administrators of Harvey Howard Rosson, hereinafter called plaintiffs, instituted action under § 8-633, Code 1950, and cognate sections, commonly called the death by wrongful act statute, against Nelson Fred Lundy, and Blue Ridge Transfer Company, Incorporated, hereinafter called Blue Ridge. They alleged that their decedent was killed by the negligence of Lundy while acting as the agent of defendant corporation.

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