CARNER v. HENDRIX


135 S.E.2d 113 (1964)

205 Va. 24

Ellis W. CARNER, Adm'r, etc. v. D. H. HENDRIX.

Supreme Court of Appeals of Virginia.

March 9, 1964.


Attorney(s) appearing for the Case

William R. L. Craft, Jr., Christiansburg (William J. McGhee, Christiansburg, on brief), for plaintiff in error.Robert J. Ingram, Pulaski (Gilmer,Harman & Sadler, Pulaski, on brief), for defendant in error.

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


WHITTLE, Justice.

Ellis W. Carner, Administrator of John Francis Saunders, deceased, filed a motion for judgment against Hendrix seeking damages for the wrongful death of his decedent growing out of an automobile accident. Hendrix filed responsive pleadings and a jury was empaneled to hear the case.

At the conclusion of plaintiff's evidence counsel for Hendrix moved to strike the evidence and enter summary judgment for the defendant, which motion the court...

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