Fred Oliver Lambert b. 30 Jan 1896 Tazewell Co. VA d. 05 Nov 1968 Tazewell Co. VA: Appalachian Aristocracy

1896 - 1968 (72 years)

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Name	Fred Oliver Lambert
Born	30 Jan 1896	Tazewell Co. VA
Gender	Male
Died	05 Nov 1968	Tazewell Co. VA
Buried	Clinch Valley Memorial Cemetery, Richlands, Tazewell Co., VA
	Grave location: http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=lambert&GSfn=fred&GSiman=1&GScid=49815&GRid=19992074&
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.
Person ID	I17289	Master File
Last Modified	2 Nov 2012

Father	John M. Lambert, b. 08 Jan 1870, Tazewell Co. VA , d. 24 Apr 1952, Tazewell Co. VA (Age 82 years)
Mother	Susan A. Wingo, b. Jun 1871, Tazewell Co. VA , d. 17 Jan 1958, Tazewell Co. VA (Age ~ 86 years)
Family ID	F8740	Group Sheet \| Family Chart

Family Della Hartford, b. 10 Mar 1897, Virginia , d. 12 Nov 1988, Tazewell Co. VA (Age 91 years)

Children

	1. Fred O. Lambert, b. ca 1918, Bandy, Tazewell Co. VA , d. 24 Apr 1989, Canton, Stark Co. OH (Age ~ 71 years)
	2. Edith J. Lambert, b. ca 1921, Tazewell Co. VA
	3. Pauline V. Lambert, b. ca 1923, Tazewell Co. VA
	4. Ralph B. Lambert, b. ca 1926, Tazewell Co. VA
	5. Naomi Lambert, b. ca 1929, Tazewell Co. VA
+	6. Jack Doulas Lambert, b. ca 1930, Tazewell Co. VA
	7. James Milton Lambert, b. ca 1933, Tazewell Co. VA
	8. Peggy Lambert, b. ca 1933, Tazewell Co. VA

Last Modified 2 Nov 2012

Family ID F8742 Group Sheet | Family Chart