SIMBLEST v. MAYNARD

No. 661, Docket 34285.

427 F.2d 1 (1970)

Samuel SIMBLEST, Plaintiff-Appellant, v. Joseph MAYNARD, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 12, 1970.


Attorney(s) appearing for the Case

Robert Grussing, III, Brattleboro, Vt., for plaintiff-appellant.

Robert H. Erdmann, Burlington, Vt. (Wick, Dinse & Allen, Burlington, Vt., on the brief), for defendant-appellee.

Before KAUFMAN and FEINBERG, Circuit Judges, and TIMBERS, District Judge.


TIMBERS, District Judge:

We have before us another instance of Vermont justice — this time at the hands of a federal trial judge who, correctly applying the law, set aside a $17,125 plaintiff's verdict and entered judgment n. o. v. for defendant, Rule 50(b), Fed.R. Civ.P., in a diversity negligence action arising out of an intersection collision between a passenger vehicle driven by plaintiff and a fire engine driven by defendant in Burlington, Vermont, during...

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