BAYNE v. THARPE


111 S.E.2d 816 (1960)

201 Va. 484

John Edward BAYNE v. Albert C. THARPE.

Supreme Court of Appeals of Virginia.

January 18, 1960.


Attorney(s) appearing for the Case

Frank D. Harris, South Hill (Hodges & Harris, South Hill, on brief), for plaintiff in error.

Frank C. Maloney, III, Wilbur C. Allen, Richmond (Reginald Pettus, Charlotte C. H., Allen, Allen, Allen & Allen, Richmond, on brief), for defendant in error.

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


MILLER, Justice.

John Edward Bayne, while operating his automobile on State route 40, struck a mule that Albert C. Tharpe was leading along the highway, and Tharpe was injured when the mule fell upon him.

The action for damages for personal injuries instituted by Tharpe against Bayne resulted in a verdict for $11,500, and from the judgment confirming that award, we granted Bayne an appeal.

The accident occurred...

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