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CAPUTO v. HOLT

Record No. 751153.

228 S.E.2d 134 (1976)

Francis L. CAPUTO and Old Dominion Freight Lines, Inc. v. Eleanore HOLT, Administratrix of the Estate of Catherine Speller, Deceased.

Supreme Court of Virginia.

September 2, 1976.

Attorney(s) appearing for the Case

John F. Rixey, Norfolk (Thomas M. Whiteman, Rixey & Heilig, Norfolk, on brief), for plaintiffs in error.

Michael Wayne Price, Norfolk (Richard J. Tavss, William L. Perkins, III, Guilford D. Ware, Sacks, Sacks & Tavss, Crenshaw, Ware & Johnson, Norfolk, on brief), for defendant in error.

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

POFF, Justice.

Catherine Speller died intestate on August 26, 1972, from injuries sustained on August 5, 1972, when she was struck by a truck operated by appellant Francis L. Caputo and owned by appellant Old Dominion Freight Lines. Claiming the right as decedent's son and only heir, William E. Speller qualified as administrator of the estate on September 1, 1972. On September 5, 1972, appellants' liability insurance carrier...

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