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SMITH v. GRENADIER

127 S.E.2d 107 (1962)

203 Va. 740

Wilbur T. SMITH, Administrator, etc. v. Herman GRENADIER et al.

Supreme Court of Appeals of Virginia.

August 31, 1962.

Attorney(s) appearing for the Case

Robert C. Fitzgerald, Falls Church (Thomas O. Lawson, on the brief), for plaintiff in error.

Norman F. Slenker, Arlington (Charles H. Duff, Arlington, Duff, Luther & Slenker, on the brief), for defendant in error, Herman Grenadier.

A. Hugo Blankingship, Jr., Alexandria (E. Waller Dudley, Alexandria, Boothe, Dudley, Koontz & Blankingship, on the brief), for appellee, Wayne Construction Company.

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

SNEAD, Justice.

Wilbur T. Smith, administrator of the estate of Donald B. Smith, deceased, instituted an action against Ray Rainwater, Herman Grenadier and Wayne Construction Co., Inc. to recover $30,000 for the wrongful death of plaintiff's decedent. All defendants filed their grounds of defense and defendant Grenadier filed an affidavit denying that defendant Rainwater was his agent, servant or employee. At the conclusion of plaintiff's evidence all defendants moved...

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