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HELGE v. CARR

184 S.E.2d 794 (1971)

212 Va. 485

William HELGE v. John B. CARR.

Supreme Court of Virginia.

November 29, 1971.

Attorney(s) appearing for the Case

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

Edward R. Willcox, Jr., William E. Rachels, Jr., Norfolk (Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, on brief), for defendant in error.

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

HARRISON, Justice.

John B. Carr (plaintiff) filed his motion for judgment against William Helge (defendant) seeking to recover damages suffered by him when he was struck by an automobile driven by Helge.

There have been two jury trials of this case. The first, on August 12, 1969, resulted in a verdict for defendant. On motion of the plaintiff, and over objection, this verdict was set aside by the trial court and a new trial awarded. At the second trial held...

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