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TOWN OF WEST POINT v. EVANS

Record No. 800702.

299 S.E.2d 349 (1983)

TOWN OF WEST POINT v. G.L. EVANS, Jr., et al.

Supreme Court of Virginia.

January 21, 1983.

Attorney(s) appearing for the Case

Randolph P. Tabb, Jr., Richmond (A. James Kauffman, Taylor, Hazen, Kauffman, Lipscomb & Smith, Richmond, on briefs), for appellant.

Joseph R. Caprio, West Point, for appellees.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

COMPTON, Justice.

The dispositive question in this appeal of a tort action is whether a municipality was guilty of negligence which caused the damages alleged.

In an amended motion for judgment, G.L. Evans, Jr. and Jeanette A. Evans sued the Town of West Point for damage to their residence occurring in February of 1979. Plaintiffs alleged their loss resulted from the Town's negligence in the operation and maintenance of its sewage system. On the day in question...

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