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BIZZARO v. PAYNE

No. 5743.

169 F.2d 851 (1948)

BIZZARO et al. v. PAYNE et al.

Circuit Court of Appeals Fourth Circuit.

July 21, 1948.

Attorney(s) appearing for the Case

Alexander H. Sands, of Richmond, Va. (Alexander H. Sands, Jr., of Richmond, Va., on the brief), for appellants.

S. Bernard Coleman, of Fredericksburg, Va. (Coleman & Gibson, of Fredericksburg, Va., on the brief), for appellees.

Before PARKER and DOBIE, Circuit Judges, and PRETTYMAN, Associate Justice, United States Court of Appeals for the District of Columbia (sitting by special assignment).

PRETTYMAN, Associate Justice.

This is an automobile accident case. Appellees Payne were plaintiffs below. On the day of the accident, they were driving north on the Richmond-Washington Highway a short distance north of Ladysmith, Virginia. The day had been rainy, and the road was wet. They were in the right-hand lane on the four-lane highway, which was a "black top" marked with double white lines in the middle.

Appellant-defendant Bizzaros were driving south...

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