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GIANNONE v. JOHNSON

132 S.E.2d 445 (1963)

204 Va. 493

Anthony W. GIANNONE v. Mozelle June JOHNSON, Adm'x, etc.

Supreme Court of Appeals of Virginia.

Rehearing Denied October 15, 1963.

Attorney(s) appearing for the Case

E. Waller Dudley, Alexandria, for plaintiff in error.

Oren R. Lewis, Jr., Arlington (Tolbert, Lewis & FitzGerald, Arlington, on brief), for defendant in error.

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

CARRICO, Justice.

Mozelle June Johnson, administratrix of the estate of John D. L. Johnson, deceased, the plaintiff, filed a motion for judgment against Anthony W. Giannone, the defendant, seeking to recover damages for the wrongful death of Johnson in an automobile accident.

There have been two trials of this action, with opposite results. At the first trial, Judge Emery N. Hosmer presiding, the issue of Johnson's contributory negligence was submitted to...

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