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VOUGHT v. JONES

139 S.E.2d 810 (1965)

205 Va. 719

Martin S. VOUGHT, an Infant, who sues by G. S. Vought, his Father and Next Friend v. Hubert E. JONES, Individually and Trading as Mr. Softee, Robert M. Smith, an Infant, and Willie Lee Duncan.

Supreme Court of Appeals of Virginia.

January 18, 1965.

Attorney(s) appearing for the Case

Kimber L. White, Newport News, (Bateman & White, Newport News, on brief), for plaintiff in error.

David N. Montague, Hampton, (Montague, Cumming, Watkins & Overton, Hampton, on brief), for Hubert E. Jones and Robert M. Smith, defendants in error.

Lewis H. Hall, Jr., Newport News, (Larry M. Topping, Hall & Fox, Newport News, on brief), for Willie Lee Duncan, defendant in error.

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

EGGLESTON, Chief Justice.

On September 16, 1961, Hubert E. Jones, through Robert M. Smith, his agent and employee, operated a truck from which he sold and dispensed ice cream along the streets of the city of Newport News. On that day the truck was parked on the western side of Lucas road, headed south, and ice cream was being served to a number of children in the neighborhood. Martin S. Vought, aged five years and eleven...

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