CUMMINGS v. WHITNEY

No. 192, Docket 22543.

203 F.2d 354 (1953)

CUMMINGS v. WHITNEY.

United States Court of Appeals Second Circuit.

Decided April 10, 1953.


Attorney(s) appearing for the Case

Wallace C. Schinoski, Ludlow, Vt., Bloomer & Bloomer and Asa Bloomer, Rutland, Vt., for plaintiff-appellee.

Osmer C. Fitts and Philip H. Suter, Brattleboro, Vt., William H. Edmunds, Burlington, Vt., of counsel, for defendant-appellant.

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


CHASE, Circuit Judge.

Invoking the diversity jurisdiction of the District Court, the appellee, as administratrix of the estate of Charles Marro, sued to recover damages under Vermont law for his death. He was accidentally killed when hit by the front end of a truck driven by the appellant on a main traveled street in the business section of Springfield, Vt. This appeal is from a final judgment entered on a verdict in her favor. The appellant relies for reversal upon...

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