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CITY OF RICHMOND v. JOHNSON

115 S.E.2d 910 (1960)

CITY OF RICHMOND v. Margaret JOHNSON et al.

Supreme Court of Appeals of Virginia.

September 2, 1960.

Attorney(s) appearing for the Case

James A. Eichner, Asst. City Atty., Richmond (J. Elliott Drinard, City Atty, Richmond, on brief), for appellant.

Jesse M. Johnson, Richmond (Johnson & Schrieberg, Richmond, on brief), for claimants-appellees.

Reno S. Harp, III, Asst. Atty Gen. (A. S. Harrison, Jr., Atty. Gen, on brief), for commonwealth.

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

EGGLESTON, Chief Justice.

Margaret Johnson, the widow of Robert M. Johnson, deceased, filed with the Industrial Commission, on behalf of herself and her two infant children, a claim against the City of Richmond for compensation benefits under the Workmen's Compensation Act. Code, § 65-1 ff. It was alleged that the deceased was an "employee" of the City of Richmond and was fatally injured "while on duty." The city filed an answer denying that the deceased was...

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