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BAKER v. MARCUS

114 S.E.2d 617 (1960)

201 Va. 905

Vira S. BAKER v. David M. MARCUS.

Supreme Court of Appeals of Virginia.

June 13, 1960.

Attorney(s) appearing for the Case

John B. Browder, Richmond (E. Page Preston, William C. Worthington, Norfolk, J. W. Morris, III, Richmond, Preston & Preston, Worthington, White & Harper, Norfolk, Leaman, Browder & Russell, Richmond, on brief), for plaintiff in error.

Louis B. Fine, Norfolk (Jerrold G. Weinberg, Fine, Fine, Legum, Weinberg & Schwan, Norfolk, on brief), for defendant in error.

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

SPRATLEY, Justice.

David M. Marcus, sometimes hereinafter referred to as plaintiff, instituted this action against Vira S. Baker, charging that the defendant recklessly and negligently operated her automobile while under the influence of intoxicants in wilful disregard of plaintiff's rights, and struck his automobile, causing him serious personal injuries and property damage.

The trial court overruled a motion to strike that portion of the motion for judgment...

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