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BIALK v. CITY OF HAMPTON

Record No. 901471.

405 S.E.2d 619 (1991)

James C. BIALK v. CITY OF HAMPTON.

Supreme Court of Virginia.

June 7, 1991.

Attorney(s) appearing for the Case

Robert F. Haley, II (Chandler, Franklin & O'Bryan, on brief), Hampton, for appellant.

Phillips M. Dowding, Newport News (Thomas E. Glascock, Glascock and Martin, on brief, Hampton), for appellee.

Present: All the Justices.

RUSSELL, Justice.

This case turns upon the question whether a city was engaged in a governmental function or a proprietary function while clearing snow from its streets in an alleged emergency situation that resulted from a winter storm.

James C. Bialk (the plaintiff) brought this action against the City of Hampton (the City) to recover damages for personal injuries he received when he was struck by snow thrown from the blade of a snowplow which was being...

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