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ENOS v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

168 S.E.2d 254 (1969)

210 Va. 112

Frederick W. ENOS v. FIDELITY AND CASUALTY COMPANY OF NEW YORK.

Supreme Court of Appeals of Virginia.

June 16, 1969.

Attorney(s) appearing for the Case

Robert M. Furniss, Jr., Norfolk (Alan S. Mirman, Furniss & Davis, Norfolk, on brief), for plaintiff in error.

William T. Prince, Norfolk (Williams, Worrell, Kelly & Worthington, Norfolk, on brief), for defendant in error.

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

HARRISON, Justice.

On August 24, 1966, Frederick W. Enos filed his motion for judgment to recover damages sustained by him in an accident involving a motor vehicle driven by James R. Stout, Jr. and owned by Tidewater Dodge, Incorporated. He alleged that Stout was the agent of Tidewater Dodge, which agency was denied by the company in its grounds of defense. No appearance was made by Stout.

In January, 1967, Enos amended his motion for judgment and incorporated...

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