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STRAUGHAN v. NASH

212 S.E.2d 280 (1975)

215 Va. 627

Jo Anne STRAUGHAN v. Warren R. NASH and Nora E. Brent, Administrator and Administratrix of the Estate of Ernest Clarence Nash, Deceased.

Supreme Court of Virginia.

March 10, 1975.

Attorney(s) appearing for the Case

J. M. H. Willis, Jr., Fredericksburg (Willis, Garnett & Braxton, Fredericksburg, on brief), for plaintiff in error.

Benjamin H. Woodbridge, Jr., Gerald F. Daltan, Fredericksburg (Cox, Woodbridge, Smith & Scott; Scaife, Daltan & Rackley, Fredericksburg, on brief), for defendant in error.

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

HARRISON, Justice.

Ernest Clarence Nash was struck and killed by an automobile driven by Jo Anne Straughan, and his personal representatives have recovered a judgment against her for $9,500. Straughan has appealed, and the dispositive error assigned is that Nash was guilty of contributory negligence which bars a recovery.

The accident occurred on March 18, 1972, at about 8 p. m. on Virginia Highway 3 in Stafford...

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