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CITY OF RICHMOND v. BRANCH

137 S.E.2d 882 (1964)

205 Va. 424

CITY OF RICHMOND v. James BRANCH et al.

Supreme Court of Appeals of Virginia.

September 11, 1964.

Attorney(s) appearing for the Case

James A. Eichner, Asst. City Atty. (J. E. Drinard, City Atty., on brief), for plaintiff in error.

Frank C. Maloney, III, Richmond (Allen, Allen, Allen & Allen, Richmond, on brief), for James Branch, appellee.

Edward A. Marks, Jr., Richmond (M. Wallace Moncure, Jr., Sands, Anderson, Marks & Clarke, Moncure & Cabell, Richmond, on brief), for John S. Talley and Ellis R. Flanary, t/a Talley & Flanary, and Talley & Flanary, Incorporated, appellees.

James C. Roberts, Richmond (Tucker, Mays, Moore & Reed, Richmond, on brief), for Jacob M. Van Doren, individually and t/a, etc., appellee.

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

SPRATLEY, Justice.

On February 14, 1959, at approximately 8:15 p. m., as James Branch was driving his automobile along Kane street, in the city of Richmond, a front wheel of his car suddenly dropped into a hole in the street. There were no lights, flares, or flame pots showing any depression in the street, and there were no barricades placed as a warning to travelers. Branch had the headlights of his car burning brightly; but the night was dark and a slight rain was...

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