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DALTON v. JOHNSON

129 S.E.2d 647 (1963)

204 Va. 102

James E. DALTON v. Ann M. JOHNSON, Administratrix, etc.

Supreme Court of Appeals of Virginia.

March 4, 1963.

Attorney(s) appearing for the Case

Emanuel Emroch, Richmond, Jay G. Kauffman, Pennington Gap (Frank N. Cowan, Richmond, on the brief), for plaintiff in error.

Glen M. Williams, Jonesville, for defendant in error.

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

WHITTLE, Justice.

Dalton filed a motion for judgment in the circuit court seeking damages for injuries sustained in an automobile accident which occurred on August 12, 1959. The suit was filed on September 3, 1960, at which time Dr. Johnson, who caused the accident, was deceased, and his wife, Ann M. Johnson, had qualified as administratrix of his estate.

The administratrix filed grounds of defense admitting that...

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