Pauline V. Lambert

Notes:

CENSUS RECORDS

1900 United States Federal Census
Name: Fred O Lambert
Age: 4
Birth Date: Jan 1896
Birthplace: Virginia
Home in 1900: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: Jno M Lambert
Father's Birthplace: Virginia
Mother's name: Susie A Lambert
Mother's Birthplace: Virginia

1910 United States Federal Census
Name: Fred O Lambert
Age in 1910: 14
Birth Year: 1896
Birthplace: Virginia
Home in 1910: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Son
Marital Status: Single
Father's Name: John M Lambert
Father's Birthplace: Virginia
Mother's name: Susie A Lambert
Mother's Birthplace: Virginia

1920 United States Federal Census
Name: Fred O Lambert
Age: 24
Birth Year: abt 1896
Birthplace: Virginia
Home in 1920: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Male
Relation to Head of House: Head
Marital Status: Married
Spouse's Name: Della M Lambert
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Home Owned: Rent
Able to Read: Yes
Able to Write: Yes
Household Members:
Fred O Lambert 24
Della M Lambert 23
Fred O Lambert 1 year 9 months

1930 United States Federal Census
Name: Fred O Lambert
Gender: Male
Birth Year: abt 1897
Birthplace: Virginia
Race: White
Home in 1930: Jeffersonville, Tazewell, Virginia
Marital Status: Married
Relation to Head of House: Head
Spouse's Name: Della M Lambert
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
Fred O Lambert 33
Della M Lambert 32
Fred O Lambert 12
Edith J Lambert 9
Pauline V Lambert 7
Ralph B Lambert 3 years 1 month
Naomi E Lambert 1 year 1 month
Household Members:
Fred Lambert 44
Della Lambert 43
Fred Lambert 22
Pauline Lambert 16
Dernard Lambert 13
Naomi Lambert 11
Jack Lambert 9
Jammy Lambert 7
Peggy Lambert 6
Louise Mitchell 26

COURT CASE

http://va.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19550307_0040094.VA.htm/qx

Virginia Supreme Court

March 7, 1955

NEHI BOTTLING COMPANY, INCORPORATED
v.
FRED O. LAMBERT

An action instituted by Fred O. Lambert against the Nehi Bottling Company, Incorporated, to recover damages for personal injuries sustained in a collision between an automobile driven by the plaintiff and a truck operated by an agent of the defendant. On a trial held May 28, 1953, the jury were unable to agree upon a verdict; but upon the second trial held on September 3, 1953, they returned a verdict for plaintiff in the sum of $15,000, on which the trial court entered judgment.

The collision occurred about 6:30 p.m. on April 15, 1952, on U.S. Highway No. 460, in the Town of Cedar Bluff, Tazewell County, Virginia. Highway No. 460 runs approximately east and west through the Town of Cedar Bluff.

On the late afternoon of April 15, 1952, Fred O. Lambert, fifty-seven years of age, a rural mail carrier by occupation, came to the Sergant Produce Market. Accompanied by his son, James Milton Lambert, he was driving a Chevrolet two-door automobile. He stopped and parked his automobile in the space south of the highway near the eastern end of the market building.

The plaintiff and his son got out of their car, went into the market building and bought some items of produce. They stayed there but a short time and then returned to their automobile. Baylor Sergant followed them out to their car, where he talked to the younger Lambert for a few moments.

Fred O. Lambert testified that when Baylor Sergant left them he started his car. Intending to return to his home west of Cedar Bluff, he turned to the right and made a "U" turn in the parking area, south of the highway. He then drove to the edge of the highway and stopped, and looked both to his right and left, and saw that he "had a pretty clear vision" in each direction of "something like one hundred and fifty feet." He said he saw nothing on the highway, and "pulled out in the road." As he "pulled out," he continued to look and still did not see anything on the highway. He was then knocked unconscious. He said he never saw the object that hit his automobile. He did not remember how far his automobile had gotten on the highway before it was hit. He did not say how long he remained at a stop beside the highway before entering upon it.

James Milton Lambert, twenty-one years old, said that after his father turned his car in the parking space and came to the edge of the highway, he looked in both directions,
told his father the highway was "all clear, go ahead;" that they then entered the highway; and that was the last thing he remembered. He was knocked unconscious, and remained in that condition for sometime.

On the morning of the accident, William Vance Dunford, Jr., twenty-one years of age, driving a one and one-half ton Dodge truck of the defendant, had left the plant of the defendant in Bluefield, Virginia, with a load of bottled soft drinks.

Dunford said that as he approached Cedar Bluff, he changed his gears from the fourth to the third, and was traveling between twenty and twenty-three miles an hour or possibly twenty; that there was a "moderate" rain, the roadway was wet, it was "getting a little dusky," and he had put his parking lights on; and that as he emerged from the rock cut and continued on the curve of the road, he could plainly see anything one hundred and fifty to two hundred feet on the highway in front of him; that suddenly he saw a car upon the highway when he was, "perhaps, six or ten, maybe twelve, feet distant" from it; that he applied his brakes and swerved to the left, but nevertheless struck the other car which had gotten approximately six feet on the highway; and that he stopped his truck, got out, saw Mr. Lambert lying by its side, and went immediately into the market building, where he called for an ambulance, the State Police, and a wrecking car.

Plaintiff contends that the accident was caused solely by
reason of the excessive and unlawful rate of speed of the truck. He insists that his contention is supported by the evidence and the physical facts attending the collision. Defendant, on the other hand, denies any negligence on the part of its agent, and says that the evidence of the plaintiff shows, as a matter of law, that he was guilty of negligence which constituted the proximate cause of the collision.

Here, Fred O. Lambert could have seen the Nehi truck for a distance of one hundred and fifty feet before it reached the point of collision if he had effectively looked. Moreover, Lambert was driving upon the highway from an
open side of the road rather than at an intersection, and as between them the truck had the right of way.The maps and evidence in this case clearly show that while the point where plaintiff entered the highway is on the inside of a broad curve, he had there an unobstructed view for one hundred and fifty feet to the west.

Plaintiff either failed to look when looking would have been effective, or he failed to heed when he saw or should have seen. It may be that after stopping and looking he failed to proceed promptly on the highway. Since he said he continued to look to his left as he continued across the highway, it is inconceivable how he failed to see the approaching truck at any time prior to the collision. Incredible as it may be, plaintiff and his son testified that neither of them saw the truck before their car was struck, and for this neither offers a credible explanation. There is nothing in the physical facts, relating either to the position of the two vehicles upon the highway before and after the accident, their point of impact or their damaged condition, which indicates that the speed of the truck was the sole cause of the accident. The action of the plaintiff in entering upon the highway without observing the oncoming truck, when it was manifestly visible to any person capable of sight, constituted plainly approximate cause of the collision.

A consideration of the evidence leads us to the conclusion that the plaintiff was clearly guilty of contributory negligence, established by the testimony of himself and Baylor Sergant. In leaving a place of safety and entering upon the highway at the time and in the manner shown, Fred O. Lambert was the author of his own misfortune. The trial court erred in refusing to overrule the motion of the defendant to strike the evidence of the plaintiff.

For the reasons stated, the judgment of the trial court will be reversed and a final judgment will be entered in this court for the Nehi Bottling Company, Incorporated.




Buried:
Grave location:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=lambert&GSfn=fred&GSiman=1&GScid=49815&GRid=19992074&

Fred married Della Hartford. Della was born 10 Mar 1897, Virginia; died 12 Nov 1988, Tazewell Co. VA. [Group Sheet]

John married Susan A. Wingo. Susan (daughter of Henderson Rice Wingo and Lilly CHRISTIAN) was born Jun 1871, Tazewell Co. VA; died 17 Jan 1958, Tazewell Co. VA; was buried , Clinch Valley Memorial Cemetery, Richlands, Tazewell Co., VA. [Group Sheet]

Notes:

CENSUS RECORDS

1880 United States Federal Census
Name: Susan A. Wingo
Age: 8
Birth Year: abt 1872
Birthplace: Virginia
Home in 1880: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Daughter
Marital Status: Single
Father's Birthplace: Virginia
Mother's name: Lilly Wingo
Mother's Birthplace: Virginia

1900 United States Federal Census
Name: Susie A Lambert
Age: 28
Birth Date: Jun 1871
Birthplace: Virginia
Home in 1900: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Wife
Marital Status: Married
Spouse's Name: Jno M Lambert
Marriage Year: 1894
Years married: 6
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Mother: number of living children: 4
Mother: How many children: 4
Household Members:
Jno M Lambert 30
Susie A Lambert 28
Robert L Lambert 5
Fred O Lambert 4
Francis A Lambert 2
Nannie L Lambert 6 months
Bessie L Altizer 9

1910 United States Federal Census
Name: Susie A Lambert
Age in 1910: 39
Birth Year: 1871
Birthplace: Virginia
Home in 1910: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Wife
Marital Status: Married
Spouse's Name: John M Lambert
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Household Members:
John M Lambert 40
Susie A Lambert 39
Robert L Lambert 15
Fred O Lambert 14
Francis A Lambert 12
Minnie L Lambert 11
Myra I Lambert 8
Vera B Lambert 5
Samuel C Lambert 3

Buried:
Grave location:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=LA&GSfn=s&GSpartial=1&GSbyrel=all&GSdyrel=all&GSst=48&GScntry=4&GSob=n&GSsr=241&GRid=19992149&df=all&

Henderson married Lilly CHRISTIAN 17 Aug 1859, Tazewell Co. VA. Lilly (daughter of Thomas Bailey CHRISTIAN and Mary [Polly] C. ALTIZER) was born 16 Aug 1844, Tazewell Co VA; died 13 May 1928, Tazewell Co VA; was buried , Wingo Family Cemetery Bandy Tazewell Co. VA. [Group Sheet]

Other Events:

• _UID: 054C538EE12E43FDBE2982E44E13EE99B602

Notes:

CENSUS RECORDS

1860 United States Federal Census
Name: Lilly Wingo [Lilly Christian]
Age in 1860: 16
Birth Year: abt 1844
Birthplace: Virginia
Home in 1860: Western District, Tazewell, Virginia
Gender: Female
Post Office: Cedar Bluff
Household Members:
Henderson R Wingo 27
Lilly Wingo 16

1880 United States Federal Census
Name: Lilly Wingo
Age: 31
Birth Year: abt 1849
Birthplace: Virginia
Home in 1880: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Self (Head)
Marital Status: Widowed
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Occupation: Keeping House
Household Members:
Lilly Wingo 31
John C. Wingo 19
Sarah J. Wingo 15
Lovice E. Wingo 13
Mary L. Wingo 11
Susan A. Wingo 8
Sena B. Wingo 6
Martha A. Wingo 4
Charles T. Wingo 2
Whitten Wingo 25

1900 United States Federal Census
Name: Lillie Wingo
Age: 54
Birth Date: Jul 1845
Birthplace: Virginia
Home in 1900: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Head
Marital Status: Widowed
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Mother: number of living children: 10
Mother: How many children: 11
Household Members:
Lillie Wingo 54
Willie H Wingo 14
Avery C Wingo 12
Wm D Altizer 3
H Whitt Wingo 48

1920 United States Federal Census about Lilly Wingo
Name: Lilly Wingo
Age: 71
Birth Year: abt 1849
Birthplace: Virginia
Home in 1920: Maiden Spring, Tazewell, Virginia
Race: White
Gender: Female
Relation to Head of House: Aunt
Marital Status: Widowed
Father's Birthplace: Virginia
Mother's Birthplace: Virginia
Able to Read: Yes
Able to Write: No
Household Members:
Harvey W Wingo 66
Lilly Wingo 71
Avery C Wingo 33

Buried:
Grave location and tombstone photo:
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=wingo&GSbyrel=all&GSdyrel=all&GSst=48&GScnty=2891&GScntry=4&GSob=n&GRid=82115591&df=all&

Notes:

Married:
Tazewell County Virginia Marriage Records
August 17, 1859--Henderson R. Wingo, 25 Years 5 months, 23 days, born Tazewell County Feb 1834, son of Squire and Mary Wingo, wed Lilly Christian, 15 years, 1 day, born Tazewell County, daughter of Thomas & Mary Christian. Married by Patton J. Lockhart. (Book 3, Page 11)