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MOORE v. WARREN

122 S.E.2d 879 (1961)

203 Va. 117

James R. MOORE v. Woodrow W. WARREN et al.

Supreme Court of Appeals of Virginia.

November 27, 1961.

Attorney(s) appearing for the Case

Richard B. Spindle, III, John M. Hollis, Norfolk (Willcox, Cooke, Savage & Lawrence, Norfolk, on brief), for plaintiff in error.

James N. Garrett, Portsmouth (Allen J. Gordon, Portsmouth, James N. Garrett, Jr., Charlottesville, on brief), for defendants in error.

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

SPRATLEY, Justice.

This is an action for damages sustained by the plaintiff, James R. Moore, when an automobile driven by him collided with a farm tractor-trailer, alleged to be owned by Woodrow W. Warren and Louise Warren, and operated by their agent, Musselwhite.

At the conclusion of the examination of the plaintiff's witnesses, the trial court, on motion of the defendant, struck the evidence on the ground that Moore was guilty of contributory negligence...

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