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SANFORD v. MOSIER

111 S.E.2d 283 (1959)

201 Va. 358

Richard A. SANFORD v. Manley D. MOSIER.

Supreme Court of Appeals of Virginia.

November 30, 1959.

Attorney(s) appearing for the Case

Stanley J. Bangel, Portsmouth (Bangel, Bangel & Bangel, Portsmouth, on brief), for plaintiff in error.

Jack E. Greer and James L. Miller, Norfolk (Williams, Cocke, Worrell & Kelly, Norfolk, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

WHITTLE, Justice.

Sanford, a pedestrian, was struck by a truck operated by Mosier and sued him for resultant injuries. At the conclusion of plaintiff's evidence the defendant moved to strike on the grounds (1) that there was no evidence of negligence on the part of the defendant, and (2) that the plaintiff was guilty of contributory negligence as a matter of law. The court sustained the motion on the second ground and, over the objection of the plaintiff, took the...

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