Penick v. Mirro

ALBERT V. BRYAN, Chief Judge.

Whether a cause of action arose under the law of Virginia, upon either simple -or gross negligence, for the plaintiff’s personal suffering when the defendant’s automobile struck the former’s dwelling-house, collapsing the exterior wall of the room in which she was then standing, is questioned now because there was no physical impact of the car or the wall upon the plaintiff. Save in regal'd to the degree of the negligence, the facts in this diversity jurisdiction case are not in dispute.

While backing her automobile out of a private driveway, the defendant suddenly…