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HILL v. LEE

166 S.E.2d 274 (1969)

209 Va. 569

Vance Lee HILL, Jr. v. Vernie LEE, Jr.

Supreme Court of Appeals of Virginia.

March 10, 1969.

Attorney(s) appearing for the Case

Boyce C. Wornom, Emporia (Townsend & Wornom, Emporia, on brief), for plaintiff in error.

H. Benjamin Vincent, Emporia, for defendant in error.

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

EGGLESTON, Chief Justice.

Vance Lee Hill, Jr., filed a motion for judgment against Vernie Lee, Jr., to recover damages for injuries received when Hill was struck by a car driven by Lee northwardly along Highway 627 near Emporia in Greensville county. The motion alleged that at the time of the accident the plaintiff Hill "was a pedestrian off the hard surface and on the east shoulder" of the highway. The defendant Lee filed

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