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McDOWALL & WOOD, INC. v. KILBY

178 S.E.2d 497 (1971)

211 Va. 476

McDOWALL & WOOD, INC. v. Maury W. KILBY.

Supreme Court of Appeals of Virginia.

January 18, 1971.

Attorney(s) appearing for the Case

Philip M. Sadler, Pulaski (Roby K. Sutherland, Gilmer, Sadler, Ingram, Thomas & Sutherland, Pulaski, on brief), for plaintiff in error.

Stuart B. Campbell, Jr., Wytheville (Campbell & Campbell, Wytheville, on brief), for defendant in error.

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

SNEAD, Chief Justice.

Maury W. Kilby, appellee, initiated an action against McDowall & Wood, Inc. (McDowall), the general contractor on a highway project, to recover damages for personal injuries he sustained when a car he was driving ran into a ditch across a closed portion of U. S. Route 11 (now Interstate 81) in Wythe County. The ditch had been dug by McDowall during the course of construction. A jury trial was had...

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