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CARTER v. MILEY

163 S.E.2d 151 (1968)

209 Va. 206

Charlie R. CARTER v. Charles N. MILEY.

Supreme Court of Appeals of Virginia.

September 6, 1968.

Attorney(s) appearing for the Case

Jerrold G. Weinberg, Norfolk (Stackhouse & Weinberg, Norfolk, on brief), for plaintiff in error.

Harry N. Gustin, Norfolk (Douglas E. Ballard, Taylor, Gustin, Harris, Fears & Davis, Norfolk, on brief), for defendant in error.

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

I'ANSON, Justice.

Plaintiff, Charlie R. Carter, instituted this action against the defendant, Charles N. Miley, to recover damages for personal injuries sustained when the truck which he was driving was struck by a motor vehicle operated by the defendant. The case was tried to a jury, and at the conclusion of plaintiff's evidence the trial court sustained defendant's motion to strike out plaintiff's evidence and entered summary judgment for the defendant.

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