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McDANIEL v. WERN

147 S.E.2d 158 (1966)

206 Va. 819

Robert W. McDANIEL, an Infant, who sues by his Foster Father and Next Friend, Henry M. Johnson, v. Robert Otis WERN, an Infant.

Supreme Court of Appeals of Virginia.

March 7, 1966.

Attorney(s) appearing for the Case

John R. Alford, Lynchburg, for plaintiff in error.

Preston Sawyer, Jr., Lynchburg (Williams, Robertson & Sackett, Lynchburg, on brief), for defendant in error.

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

EGGLESTON, Chief Justice.

Robert W. McDaniel, an infant, suing by his next friend, filed a motion for judgment against Robert Otis Wern, an infant, to recover damages for personal injuries sustained while the plaintiff was riding as a guest passenger in the defendant's automobile. The motion alleged that the defendant was guilty of gross negligence in the operation of the car which proximately caused the accident and the plaintiff's injuries. There was a trial before...

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