District Court, W.D. Virginia June 26, 1967, No. 65-C-25-L (Durham v. Fitzharris)

FINDINGS OF FACT AND CONCLUSIONS OF LAW.

STATEMENT OF THE CASE.

BARKSDALE, District Judge.

This is a diversity action instituted by her administrators for the death by wrongful act of Cynthia Anna Durham against Michael F. Fitzharris. On October 18, 1966, this action was tried with a jury, and resulted in a mistrial by reason of the failure of the jury to agree upon a verdict.