WILSON v. WHITTAKER


154 S.E.2d 124 (1967)

207 Va. 1032

Elsworth Monroe WILSON et al. v. Eugene Tuck WHITTAKER, Administrator, etc.

Supreme Court of Appeals of Virginia.

April 24, 1967.


Attorney(s) appearing for the Case

Robert S. Irons, Radford (Wade H. Ballard, III, Peterstown, W. Va., on brief), for plaintiffs in error.

John B. Spiers, Jr., Radford (Spiers, Spiers & Mink, Radford, on brief), for defendant in error.

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


SNEAD, Justice.

It is agreed by the parties herein that the fundamental issue involved in this appeal is whether punitive or exemplary damages may be recovered in an action brought under Virginia's death by wrongful act statutes (sometimes hereinafter referred to as statute). Code, § 8-633 et seq.

On the afternoon of September 21, 1964, a loaded tractor-trailer owned by Howard T. Phillips and operated by an employee, Elsworth M. Wilson, while in the course...

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