Legal Opinion

Bass v. Southward

Richmond City Circuit Court

Decided November 6, 1963Published

1Opinion of the Court

By JUDGE ROBERT LEWIS YOUNG

I am of the opinion that the issue as to whether or not the plaintiff was guilty of contributory negligence was properly submitted to the jury. The question that concerns me is whether it was error to allow the plaintiff to prove that the defendant had pleaded guilty, or whatever he did, to the traffic charge growing out of the accident.

The rule in the local courts as far back as I can remember has been that in a civil case based upon negligence, when the defendant pleads and testifies that he was not guilty of any such negligence, his plea of guilty to a traffic…

2Cases cited4 opinions

  1. Smith v. New Dixie Lines, Inc.Supreme Court of Virginia · 1959
  2. Board of Supervisors v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1916
  3. Aetna Casualty & Surety Co. v. AndersonSupreme Court of Virginia · 1958
  4. Honaker v. HoweSupreme Court of Virginia · 1869

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