BOYD v. DIGGS


211 S.E.2d 97 (1975)

215 Va. 560

James BOYD v. Joseph E. DIGGS.

Supreme Court of Virginia.

January 20, 1975.


Attorney(s) appearing for the Case

Lawrence J. Lipka, Newport News (Richman & Lipka, Newport News, on brief), for plaintiff in error.

Conway W. Smith, III, Newport News (Daniel W. Wilkinson, Jr., West & Wilkinson, Newport News, on brief), for defendant in error.

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


COMPTON, Justice.

The sole issue presented by the appeal of this personal injury action is whether the trial court erred in finding the plaintiff guilty of contributory negligence as a matter of law upon the ground that he violated Code § 46.1-190(e) which provides, in part, that one is guilty of reckless driving who shall "[o]vertake or pass any other vehicle proceeding in the same direction at any. . . intersection of highways . . .."

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