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WHITMER v. MARCUM

196 S.E.2d 907 (1973)

214 Va. 64

Beverly I. WHITMER v. Nancy C. MARCUM, Administratrix of the Estate of Roy Fred Marcum, Deceased.

Supreme Court of Virginia.

June 11, 1973.

Attorney(s) appearing for the Case

Oren R. Lewis, Jr., Arlington (Gary R. Sheehan; Tolbert, Lewis & FitzGerald, Arlington, on brief), for plaintiff in error.

Norman F. Slenker, Arlington (Slenker, Brandt & Jennings, Arlington, on brief), for defendant in error.

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

HARRISON, Justice.

Beverly I. Whitmer appeals from an adverse judgment rendered in his suit for damages arising out of a collision between his automobile and a tractor-trailer driven by defendant's deceased, Fred Roy Marcum. We granted a writ of error solely to determine if the trial judge erred in submitting to the jury an instruction based on the "dead man" statute, Code § 8-286.1

The accident occurred on the night of October...

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