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POWERS v. WILSON

No. 290.

110 F.2d 960 (1940)

POWERS v. WILSON.

Circuit Court of Appeals, Second Circuit.

April 8, 1940.

Attorney(s) appearing for the Case

Leonard F. Wing and Fenton, Wing & Morse, all of Rutland, Vt., for appellant.

Edwin W. Lawrence and Lawrence & O'Brien, all of Rutland, Vt., for appellee.

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

PER CURIAM.

This is an appeal from a judgment for the plaintiff under § 5113 of the Public Laws of Vermont which makes the driver of a motor car liable to a "guest occupant" of the car only in case he has been guilty of "gross or wilful negligence" in its operation. The statute is of a not infrequent kind, and the phrase "gross negligence" has naturally occasioned difficulty here as it has elsewhere. Sorrell v. White, 103 Vt. 277, 153 A. 359; Shaw v. Moore, 104...

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