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MARSHALL v. CUNDIFF

180 S.E.2d 229 (1971)

211 Va. 673

Michael Lee MARSHALL v. Malcolm J. CUNDIFF.

Supreme Court of Appeals of Virginia.

March 8, 1971.

Attorney(s) appearing for the Case

Robert J. Rogers, Roanoke (Woods, Rogers, Muse, Walker & Thornton, Roanoke, on brief), for plaintiff in error.

J. Albert Ellett, Roanoke (Nathan B. Hutcherson, Jr., Rocky Mount, Copenhaver, Ellett & Lawrence, Roanoke, Hutcherson & Rhodes, Rocky Mount, on brief), for defendant in error.

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

COCHRAN, Justice.

The question for determination is whether the trial court erred in setting aside as contrary to the law and evidence a jury verdict for Michael Lee Marshall, the defendant, upholding the validity of a release executed by the plaintiff, Malcolm J. Cundiff.

Cundiff filed a motion for judgment seeking damages for personal injuries allegedly sustained when automobiles which he and Marshall were operating collided on September 4, 1964. Marshall...

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