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FENON v. CITY OF NORFOLK

125 S.E.2d 808 (1962)

203 Va. 551

Robert A. FENON, an Infant, etc. v. CITY OF NORFOLK.

Supreme Court of Appeals of Virginia.

June 11, 1962.

Attorney(s) appearing for the Case

Bernard Levin, Jay M. Ball, Norfolk, for plaintiff in error.

Leonard H. Davis, City Atty. (Virgil S. Gore, Jr., Asst. City Atty, on brief), for defendant in error.

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

WHITTLE, Justice.

Robert A. Fenon, an infant, filed a motion for judgment through Beverly Wiggins, his next friend, against the City of Norfolk, in which he sought to recover damages for personal injuries sustained when the automobile in which he was riding as a guest passenger struck a tree which had fallen into a street during a storm.

Fenon alleged that the City "was under obligation to use reasonable care to maintain and keep its streets at all times in...

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