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HOLLAND v. HOLLAND

Record No. 760418.

234 S.E.2d 65 (1977)

Daniel HOLLAND v. Sharon A. HOLLAND.

Supreme Court of Virginia.

April 22, 1977.

Attorney(s) appearing for the Case

John R. Crumpler, Jr., Norfolk (Seawell, McCoy, Dalton, Hughes, Gore & Timms, Norfolk, on brief), for plaintiff in error.

Richard N. Levin, Portsmouth (Levin, Marcus & Levin, Portsmouth, on brief), for defendant in error.

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

PER CURIAM.

In this automobile accident case, we apply the Massie-Firmstone* maxim that if a litigant, a person of average intelligence and in possession of his faculties, testifies clearly and unequivocally to facts within his knowledge which show as a matter of law he has no case, he is bound thereby and may not recover. Baines v. Parker, 217 Va. 100, 225 S.E.2d 403 (1976); Scott v...

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