KENNEDY v. E. H. SCOTT TRANSP. CO.

No. 427.

60 F.2d 717 (1932)

KENNEDY v. E. H. SCOTT TRANSP. CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 18, 1932.


Attorney(s) appearing for the Case

Love & Keating, of Buffalo, N. Y., for appellant.

White & Rugg, of Buffalo, N. Y. (J. Lester Kinney, of Buffalo, N. Y., of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above.)

That the driver of the defendant's truck knew there had been an accident and that the road was partially blocked is not disputed. Nor is there any question but that he could with care have driven past the rear of the bus had no sagging wire been in the way. Nor would he have, in all probability, seen the wire as he approached unless his attention had been especially called to it. So much may be considered established...

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