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STOUT v. AMERICAN BUS LINES

No. 122, Docket 22518.

200 F.2d 833 (1953)

STOUT v. AMERICAN BUS LINES, Inc.

United States Court of Appeals Second Circuit.

Decided January 6, 1953.

Attorney(s) appearing for the Case

Sylvester J. Garamella, Brooklyn, N. Y. (Eugene J. Morris and Fritz W. Alexander, II, New York City, counsel), for plaintiff-appellant.

David Tepp, White Plains, N. Y., for defendant-appellee.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This action was brought by the plaintiff, Stout, a passenger on the defendant's bus, to recover damages for injuries alleged to be caused by the negligent operation of the bus. At about daybreak the bus on which the plaintiff was a passenger was proceeding at 45 miles per hour on United States Highway 80 in New Mexico. The road was found to be wet from a drizzling rain. The driver of the bus...

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