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McLEAN v. DONOGHUE TRANSP. CO.

No. 3314.

97 F.2d 356 (1938)

McLEAN v. DONOGHUE TRANSP. CO.

Circuit Court of Appeals, First Circuit.

June 10, 1938.

Attorney(s) appearing for the Case

Ernest L. McLean, of Augusta, Me. (McLean, Fogg & Southard, of Augusta, Me., on the brief), for appellant.

Leon V. Walker, of Portland, Me. (Verrill, Hale, Dana & Walker and Brooks Whitehouse, all of Portland, Me., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an action of tort brought by the executor of the estate of Dr. Lathbury to recover damages to property and for conscious suffering of his intestate, arising out of a collision between the doctor's automobile and a truck of the defendant. The declaration contained three counts. The first one was waived. In the first of the remaining counts it was alleged that on the 8th day of December, 1936, the doctor, with his wife, was driving his...

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