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DUFFER v. NEWMAN

Record No. 751109.

229 S.E.2d 860 (1976)

Frank DUFFER, Administrator of the Estate of Charlie Wayne Duffer, Deceased v. W. E. NEWMAN, Sheriff, Administrator of the Estate of Earl Danny Camp, Deceased.

Supreme Court of Virginia.

November 24, 1976.

Attorney(s) appearing for the Case

Frank M. Slayton, South Boston (W. Byron Keeling, Vaughan & Slayton, South Boston, on brief), for plaintiff in error.

Michael W. Moncure, III, Richmond (Moncure & Cabell, Richmond, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

PER CURIAM.

This is a gross negligence case in which the administrator of Charlie Wayne Duffer, the deceased guest-occupant, recovered a jury verdict in the court below against the estate of Earl Danny Camp, the deceased host-driver. We review the action of the trial court in setting aside the verdict of the jury upon the ground that "there was insufficient evidence introduced in the trial of this case to carry the issue of defendant's gross negligence to the jury...

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