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GILMER v. SOUTHERN RAILWAY COMPANY

120 S.E.2d 294 (1961)

202 Va. 826

George GILMER, Jr., In his own right and as Trustee, et al., etc. v. SOUTHERN RAILWAY COMPANY.

Supreme Court of Appeals of Virginia.

Rehearing Denied September 8, 1961.

Attorney(s) appearing for the Case

George Gilmer, Charlottesville, for plaintiffs in error.

H. Merrill Pasco, Roderick D. Sinclair, Richmond (Thomas B. Gay, Richmond, on the brief), for defendant in error.

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

SNEAD, Justice.

Southern Railway Company, hereinafter called plaintiff, instituted an action against George Gilmer, Jr., M. E. Tremain, Betsy G. Tremain, and Decca G. Frackelton, in their own rights and as trustees, partners trading as Charlottesville Motor Co. hereinafter referred to as defendants. Plaintiff sought a judgment for damages to its radio tower caused by defendants' truck which had been parked on defendants...

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