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SCHUTT v. BROCKWELL

196 S.E.2d 921 (1973)

214 Va. 38

Arnold David SCHUTT v. James E. BROCKWELL, Jr.

Supreme Court of Virginia.

June 11, 1973.

Attorney(s) appearing for the Case

Frank B. Miller, III, Richmond (Sands, Anderson, Marks & Clarke, Richmond, on brief), for plaintiff in error.

James A. Eichner, Richmond (Allen, Allen, Allen & Allen, Richmond, on brief), for defendant in error.

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

I'ANSON, Justice.

Plaintiff, James E. Brockwell, Jr., instituted this action to recover for personal injuries sustained as a result of being struck by a truck driven by the defendant, Arnold David Schutt. Judgment for the plaintiff in the sum of $100,000 was entered on the jury's verdict, and defendant is here on a writ of error to the judgment.

Defendant contends that the trial court erred (1) in not holding plaintiff contributorily negligent as a matter...

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