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WHITTAKER v. VAN FOSSAN

No. 8427.

297 F.2d 245 (1961)

Pearl S. WHITTAKER, Administratrix of The Estate of Vance E. Whittaker, Deceased, Appellant, v. Mary E. VAN FOSSAN, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 14, 1961.

Attorney(s) appearing for the Case

Thomas V. Monahan, Winchester, Va. (Joseph A. Massie, Jr., George G. Snarr, Jr., and Massie, Snarr & Monahan, Winchester, Va., on brief), for appellant.

J. Lynn Lucas, Luray, Va. (W. W. Wharton and Wharton, Aldhizer & Weaver, Harrisonburg, Va., on brief), for appellee.

Before BOREMAN, BRYAN and BELL, Circuit Judges.

BRYAN, Circuit Judge.

An ambulance driven by Vance E. Whittaker and a Cadillac car operated by Mary E. Van Fossan collided on a public highway near Winchester, Virginia, killing him and injuring her. His administratrix began the action now on review to recover damages of Mary E. Van Fossan for his death. The defendant counterclaimed for her injuries and consequent expenses. No recovery was allowed either party by the jury.

The administratrix appeals, asking...

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