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SPEER v. KELLAM

134 S.E.2d 300 (1964)

204 Va. 893

Sergeant Roger W. SPEER v. Floyd E. KELLAM, Jr., Administrator of the Estate of Herbert C. Phillips, Deceased.

Supreme Court of Appeals of Virginia.

January 20, 1964.

Attorney(s) appearing for the Case

Harvey E. White, Jr., Norfolk (White, Ryan & Reynolds, Norfolk, on brief), for plaintiff in error.

William H. Hodges, Norfolk (John F. O'Neill, Kellam & Kellam, Norfolk, on brief), for defendant in error.

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

SPRATLEY, Justice.

This action was instituted by Floyd E. Kellam, Jr., Administrator of the estate of Herbert C. Phillips, deceased, hereinafter referred to as plaintiff, to recover damages for the wrongful death of Phillips, who was walking with his back to traffic, on the north side of a road, when he was struck by an automobile operated by Sergeant Roger W. Speer, sometimes herein referred to as defendant. The defendant entered a general appearance and filed his...

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