DUNCAN v. COX


166 S.E.2d 107 (1969)

209 Va. 649

General Ancil DUNCAN, an Infant, v. Lewis Howard COX, an Infant, etc.

Supreme Court of Appeals of Virginia.

March 10, 1969.


Attorney(s) appearing for the Case

Robert J. Rogers, Roanoke (Joseph H. Poff, Floyd, Woods, Rogers, Muse, Walker & Thornton, Roanoke, on brief), for plaintiff in error.

Richard W. Davis, Radford, for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.


CARRICO, Justice.

The infant plaintiff, Lewis Howard Cox, filed by his next friend a motion for judgment against the defendant, General Ancil Duncan. In the motion for judgment, the plaintiff sought to recover damages for personal injuries sustained when the automobile in which he was riding as a guest passenger of the defendant ran off the road and collided with a tree stump.

A jury trial resulted in a verdict in favor of the plaintiff in the sum of $35,000...

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