PHILLIPS v. DAVIS

Nos. 3173, 3174.

3 F.2d 798 (1925)

PHILLIPS et ux. v. DAVIS, Agent. PHILLIPS v. SAME.

Circuit Court of Appeals, Third Circuit.

January 27, 1925.


Attorney(s) appearing for the Case

Joseph O'Brien, W. J. Fitzgerald, and Edward J. Kelly, all of Scranton, Pa., for plaintiffs in error.

Paul Bedford, of Wilkes-Barre, Pa. (Lewis E. Carr, of Albany, N. Y., and Walter C. Noyes, of New York City, of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

Phillips and his wife were driving along a street in Scranton on a dark, rainy night with lights on their automobile in conformity with the Pennsylvania Acts of July 7, 1913 (P. L. 672, § 13), and June 30, 1919 (P. L. 678; Pa. St. 1920, § 964 et seq.), requiring that at night every motor vehicle shall be equipped with "at least two white lights [which are] visible not less than 200 feet in the direction in which the motor vehicle...

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