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MITCHELL v. BRANCH

No. 4141.

45 Haw. 128 (1961)

363 P.2d 969

CAROLYN ELIZABETH MITCHELL v. DOUGLAS BRANCH AND RICHARD THOMAS HARDY.

Supreme Court of Hawaii.

July 11, 1961.

Attorney(s) appearing for the Case

Frank D. Padgett (Robertson, Castle & Anthony with him on the briefs) for appellant Hardy.

James S. Campbell (Smith, Wild, Beebe & Cades and William L. Fleming with him on the brief) for appellee Branch.

TSUKIYAMA, C.J., WIRTZ, LEWIS, JJ., CIRCUIT JUDGE HEWITT, ASSIGNED BY REASON OF VACANCY AND CIRCUIT JUDGE DYER IN PLACE OF CASSIDY, J., DISQUALIFIED.

OPINION OF THE COURT BY WIRTZ, J.

On December 16, 1956, two couples joined for a picnic on the windward side of Oahu, each couple traveling in a separate automobile, with plaintiff riding with appellee. While traveling along Kamehameha Highway in the direction of Kaneohe, appellee lost a hub cap and stopped his vehicle in order to retrieve same; appellant, being unaware of appellee's stop, continued along the highway towards Kaneohe. When he missed appellee, appellant...

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