Virginia State Fair Ass'n v. Burton

On September 27, 1941, Landon Burton, who was then approximately eighteen years of age, was a spectator at the fair which was being conducted by the Virginia State Fair Association, Incorporated, at Richmond. Among the attractions scheduled for that day were certain automobile races. While one of the cars, driven by John Thompson Cumming, was on a trial run, it left the race track,, crashed through the fence” and ran into the crowd of spectators, killing young Burton and injuring others.

Burton’s administrator brought an action for wrongful death against the Fair Association and Cumming,…