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DOWNEY v. UNION PAVING CO.

No. 9744.

184 F.2d 481 (1949)

DOWNEY v. UNION PAVING CO.

United States Court of Appeals Third Circuit.

Decided March 11, 1949.

Attorney(s) appearing for the Case

Raymond A. White, Jr., Philadelphia, Pa., for appellant.

John W. Bohlen, Philadelphia, Pa. (Thomas D. McBride, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

Defendant seeks reversal of a judgment, obtained against it, on two grounds (1) that plaintiff was guilty of contributory negligence as a matter of law in that he did not have his car under such control that he could stop it within the range of his headlights;1 and (2) that the road excavation into which the plaintiff's automobile was driven was at that time under the control of an independent contractor and not...

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