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VINCENT v. YOUNG

No. 7325.

324 F.2d 266 (1963)

C. L. VINCENT, d/b/a Vincent Trucking Company, Ennis Lee Hemphill, and Superior Insurance Company, a corporation, Appellants, v. L. H. YOUNG, Appellee.

United States Court of Appeals Tenth Circuit.

November 14, 1963.

Attorney(s) appearing for the Case

Donald R. Newkirk, Wichita, Kan. (Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt and John E. Rees, Wichita, Kan., on the brief; Hugo T. Wedell and Homer V. Gooing, Wichita, Kan., of counsel), for appellants.

Thomas C. Boone, Hays, Kan., for appellee.

Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.

PICKETT, Circuit Judge.

This is a personal injury action arising out of a collision between an automobile driven by the plaintiff and a truck1 stalled on a Kansas highway. In a former trial, the court directed a verdict for the defendants. On appeal that judgment was reversed. Young v. Vincent, 10 Cir., 310 F.2d 709. On the second trial, the plaintiff's testimony as to the weather conditions and the manner...

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