BREEDING EX REL. BREEDING v. HENSLEY

Record No. 982449.

519 S.E.2d 369 (1999)

258 Va. 207

Melinda BREEDING, an Infant by Her Next Friend and Mother, Linda BREEDING, et al. v. William Edward HENSLEY, et al.

Supreme Court of Virginia.

September 17, 1999.


Attorney(s) appearing for the Case

Michael R. Munsey (Arrington, Schelin & Herrell, on briefs), Grundy, for appellants.

John L. Cooley (Wooten & Hart, on brief), Roanoke, for appellees.

Present: All the Justices.


COMPTON, Justice.

Generally, this case is about the law of public nuisances. Specifically, the case is about how a demurrer to an amended motion for judgment must be considered. Because of the disposition we make of the demurrer issue, we must also consider the application of Code § 8.01-222, which deals with notice to be given cities and towns of claims for damages for negligence.

In 1993, appellant Melinda Breeding, an infant suing by her mother as...

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