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EUBANK v. SPENCER

128 S.E.2d 299 (1962)

203 Va. 923

James William EUBANK v. Kathleen Leake SPENCER, an Infant, etc.

Supreme Court of Appeals of Virginia.

December 3, 1962.

Attorney(s) appearing for the Case

Henry M. Sackett, Jr., Lynchburg (Williams, Robertson & Sackett, Lynchburg, on brief), for plaintiff in error.

J. Frank Shepherd, Lynchburg (Paul Whitehead, Lynchburg, on brief), for defendant in error.

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

I'ANSON, Justice.

The plaintiff, Kathleen Leake Spencer, an infant, suing by her father and next friend, William Carroll Spencer, filed a motion for judgment against the defendant, James William Eubank, to recover damages for personal injuries inflicted upon her when an automobile in which she was a passenger was struck by a car driven by the defendant. Plaintiff alleged, in addition to the usual allegations of negligence and claim for compensatory damages found in...

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