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FOSTER v. EILLHITE

172 S.E.2d 745 (1970)

210 Va. 589

Alice L. FOSTER, Administrator, etc., et al. v. Dale E. WILLHITE.

Supreme Court of Appeals of Virginia.

March 9, 1970.

Attorney(s) appearing for the Case

Harvey B. Cohen, Arlington, George W. Shadoan, Rockville, Md. (Tolbert, Lewis & FitzGerald, Arlington, Shadoan & Mack, Rockville, Md., on brief), for plaintiffs in error.

John J. Daly, Arlington (Joseph Dyer, Anthony J. Siciliano, Robert L. Ellis, Paul F. Sheridan, Siciliano, Daly & Ellis, Arlington, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN, and HARMAN, JJ.

HARRISON, Justice.

Alice L. Foster, Administrator, and William B. Cummings, Co-administrator, of the estate of Jeremy Foster, deceased, obtained a $35,000 verdict against Dale E. Willhite for the wrongful death of plaintiffs' decedent. Foster was riding in an automobile owned and operated by Willhite which was involved in an accident. The verdict was set aside by the lower court and final judgment entered for Willhite....

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