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FINK v. HIGGINS GAS AND OIL COMPANY

122 S.E.2d 539 (1961)

203 Va. 86

James C. FINK v. HIGGINS GAS AND OIL COMPANY, Inc.

Supreme Court of Appeals of Virginia.

November 27, 1961.

Attorney(s) appearing for the Case

W. H. Jolly, Salem, Harvey S. Lutins, Roanoke (T. W. Messick, Roanoke, Kime & Jolly, Salem, on brief), for plaintiff in error.

Howard C. Gilmer, Jr., A. M. Harman, Jr., Pulaski (Gilmer, Harman & Sadler, Pulaski, on brief) for defendant in error.

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

SNEAD, Justice.

This appeal resulted from the entry of an order which sustained a motion of defendant, Higgins Gas and Oil Company, Incorporated, to strike the evidence of plaintiff, James C. Fink, and which awarded defendant a summary judgment. In his motion for judgment plaintiff sought damages for injuries he allegedly received on July 3, 1956, due to an electric shock when he came in contact with an uninsulated wire. He alleged defendant was negligent in removing...

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