MILLER v. ERICKSON

No. 355.

76 F.2d 598 (1935)

MILLER v. ERICKSON et al.

Circuit Court of Appeals, Second Circuit.

Decided April 1, 1935.


Attorney(s) appearing for the Case

Lawrence, Stafford & O'Brien, of Rutland, Vt., for appellant Erickson.

Fenton, Wing & Morse, of Rutland, Vt., for appellant Wood.

Edmund E. Lahar and Novak & Bloomer, all of Rutland, Vt., for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


PER CURIAM.

The judgment against Erickson appears to us justified. He was driving a motorcar at a speed of at least twenty-five miles an hour through a village at night in a thick snowstorm, when by his own statement he could not see ahead more than sixty or seventy feet. That meant that he had less than two seconds in which to stop. He struck a car at rest with its tail light on, and drove it forward twenty feet. "Gross negligence," as the courts of Vermont have...

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