BROWN v. WALTER

No. 167.

62 F.2d 798 (1933)

BROWN v. WALTER.

Circuit Court of Appeals, Second Circuit.

January 16, 1933.


Attorney(s) appearing for the Case

Walter S. Fenton and Fenton, Wing, Morse & Jeffords, all of Rutland, Vt., for appellant.

Harry C. Shurtleff, of Montpelier, Vt., for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This case arises out of injuries suffered by the plaintiff from the collision of a motor car which he was driving with a telegraph pole beside the roadway. The theory of the action was that the plaintiff was obliged in an emergency to leave the road to escape the oncoming car of the defendant, which had turned out to the left to pass another going in the same direction, and which the plaintiff could not otherwise avoid. The defence was that...

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