MANN v. NORFOLK AND WESTERN RAILWAY COMPANY


101 S.E.2d 535 (1958)

199 Va. 604

Hester D. MANN, Administratrix, etc. v. NORFOLK AND WESTERN RAILWAY COMPANY.

Supreme Court of Appeals of Virginia.

January 20, 1958.


Attorney(s) appearing for the Case

Philip H. Hickson, Paul Whitehead, Lynchburg (L. R. Thompson, Rustburg, on the brief), for plaintiff in error.

Thomas S. Kirkpatrick, William Rosenberger, Jr., Lynchburg, for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, WHITTLE and SNEAD, JJ.


SNEAD, Justice.

John Albert Mann, a guest passenger in a pickup truck operated by Henry T. Millner, died as a result of injuries sustained when the truck and a Norfolk & Western Railway Company train collided at a grade crossing. Hester D. Mann, Administratrix, instituted action for damages under the death by wrongful act statute (§ 8-633 et seq., Code 1950) against Millner and Norfolk & Western. Before trial...

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