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SULLIVAN v. SUTHERLAND

143 S.E.2d 920 (1965)

206 Va. 377

Virgil Dean SULLIVAN v. James SUTHERLAND, Administrator, etc.

Supreme Court of Appeals of Virginia.

September 10, 1965.

Attorney(s) appearing for the Case

Leslie M. Mullins, Norton (Greear, Bowen, Mullins, Winston, Pippin & Sturgill, Norton, on brief), for plaintiff in error.

Hugh P. Cline, Carl E. McAfee, Norton (Glyn R. Phillips, Clintwood, Cline & McAfee, Norton, on brief), for defendant in error.

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

I'ANSON, Justice.

On the afternoon of June 18, 1963, Linda Sue Sutherland, aged seven, while crossing state highway route 613 in the town of Haysi, Dickenson county, Virginia was struck and killed by a log truck driven by the defendant, Virgil Dean Sullivan.

The father of the child, James L. Sutherland, as administrator of her estate, filed a motion for judgment against the defendant to recover for her wrongful death, and a jury trial resulted in a verdict...

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