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BAXLEY v. FISCHER

134 S.E.2d 291 (1964)

204 Va. 792

Robert C. BAXLEY v. Judith A. FISCHER et al.

Supreme Court of Appeals of Virginia.

January 20, 1964.

Attorney(s) appearing for the Case

Stanley E. Sacks, Norfolk (Sacks, Sacks & Kendall, Norfolk, on brief), for plaintiff in error.

Wilson H. Wahab, Norfolk, for defendant in error Judith A. Fischer.

Spencer Gill, Norfolk (Rixey & Rixey, Norfolk, on brief), for defendant in error Leon Smith.

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

SNEAD, Justice.

Robert C. Baxley, plaintiff, instituted an action against Judith A. Fischer, Leon Smith and Charles Barco, defendants, to recover damages for personal injuries he sustained, while riding as a passenger in a station wagon operated by Harvey Parker, when an automobile driven by Miss Fischer collided with the rear of the Parker vehicle. Service of process was not obtained against Barco, and the trial proceeded against the defendants Fischer and Smith...

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