Fairey v. Gardner

Taylor, Justice.

This appeal presents the question of whether or not the trial Judge abused his discretion and thereby committed error of law in refusing to grant Appellant’s motion for a nonsuit without prejudice.

Action was commenced in the Court of Common Pleas for Chesterfield County by Appellant who' seeks damages allegedly sustained by her while riding in an automobile driven by Respondent, Clyde Fairey Miller, at the time it collided with an automobile of Ansey L. Gardner. The case had been on the Court of Common Pleas calendar for six terms when Judge J. Woodrow Lewis permitted the same…