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NATIONWIDE MUTUAL INSURANCE COMPANY v. TUTTLE

155 S.E.2d 358 (1967)

208 Va. 28

NATIONWIDE MUTUAL INSURANCE COMPANY v. Marie TUTTLE.

Supreme Court of Appeals of Virginia.

June 12, 1967.

Attorney(s) appearing for the Case

Arthur G. Lambiotte, Newport News (Daniel W. Wilkinson, Jr., Ford, West & Wilkinson, Newport News, on brief), for plaintiff in error.

C. Harper Anderson, Williamsburg, for defendant in error.

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

SPRATLEY, Justice.

William and Marie Tuttle, husband and wife, and tenants by the entireties of certain property in Charles City County, Virginia, entered into a contract on June 13, 1964, with Robert Branscombe (Contractor) whereby Branscombe agreed to erect a concrete retaining wall on their property. After the wall was built, Charles E. Brown, a truck driver, in the course of his employment for Contractor, backed a dump truck towards the wall for the purpose of...

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