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SMITH v. TATUM

97 S.E.2d 820 (1957)

199 Va. 85

Vida Tatum SMITH, Administratrix, etc. v. Dora TATUM.

Supreme Court of Appeals of Virginia.

April 26, 1957.

Attorney(s) appearing for the Case

George E. Allen, Richmond (Allen, Allen, Allen & Allen, Richmond, on brief), for plaintiff in error.

G. Kenneth Miller, Richmond (John G. May, Jr., Richmond, on brief), for defendant in error.

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

BUCHANAN, Justice.

This is an action for damages for the death of a father-in-law who was giving his daughter-in-law a driving lesson. It was brought by the administratrix of the father-in-law, as plaintiff, against the daughter-in-law, as defendant. A trial by jury resulted in a verdict and judgment for the defendant. The plaintiff appeals and assigns errors which she says present the following questions:

(1) Whether the gross negligence or the simple negligence...

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