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NICHOLS v. BRIZENDINE

169 S.E.2d 457 (1969)

210 Va. 158

Clifton Lester NICHOLS, an Infant, etc. v. William Paul BRIZENDINE, an Infant, etc.

Supreme Court of Appeals of Virginia.

September 5, 1969.

Attorney(s) appearing for the Case

Richard C. Rakes, Roanoke (Gentry, Locke, Rakes & Moore, Roanoke, on brief), for plaintiff in error.

W. H. Overbey, Rustburg (W. H. Overbey, Jr., Rustburg, Thomas L. Phillips, David T. Petty, Jr., Lynchberg, Overbey & Overbey, Rustburg, Kizer & Phillips, Lynchberg, on brief), for defendant in error.

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

SNEAD, Justice.

William Paul Brizendine, who was a guest passenger in an automobile operated by Clifton Lester Nichols, defendant, instituted an action against Nichols to recover damages for personal injuries he sustained in a single car accident resulting from the operation of the car in an allegedly grossly negligent manner. At the conclusion of plaintiff's evidence, defendant moved to strike on the ground that "a

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