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NORFOLK SOUTHERN RAILWAY COMPANY v. FINCHAM

189 S.E.2d 380 (1972)

213 Va. 122

NORFOLK SOUTHERN RAILWAY COMPANY v. Danny Dean FINCHAM, an infant, etc. NORFOLK SOUTHERN RAILWAY COMPANY v. Wood R. FINCHAM.

Supreme Court of Virginia.

June 12, 1972.

Attorney(s) appearing for the Case

Thomas R. McNamara, Norfolk (William C. Worthington, Richard M. Swope, Williams, Worrell, Kelly & Worthington, Norfolk, on brief), for plaintiff in error.

Henry E. Howell, Jr., Norfolk (Jack K. Moulton, Donald J. Coureas, Howell, Anninos & Daugherty, Norfolk, on brief), for defendants in error.

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

HARMAN, Justice.

On March 23, 1967, Danny D. Fincham, nine years old, was severely injured when his right leg was crushed beneath the wheels of a railroad car and had to be amputated below the knee. The accident occurred in the Carolina Yard of the Norfolk Southern Railway Company in the city of Chesapeake. An action was brought against the railroad to recover damages for Danny's personal injuries. His father, Wood R. Fincham, brought a separate action to recover...

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