DIAZ v. PILCHER

No. 249, Docket 23038.

212 F.2d 566 (1954)

DIAZ v. PILCHER.

United States Court of Appeals, Second Circuit.

Decided May 7, 1954.


Attorney(s) appearing for the Case

A. Pearley Feen, Burlington, Vt. (Frederick P. Smith, Philip W. Hunt, and Paul D. Sheehey, Burlington, Vt., on the brief), for defendant-appellant.

John T. Conley, Middlebury, Vt. (Ralph A. Foote, Middlebury, Vt., on the brief), for plaintiff-appellee.

Before CLARK, FRANK, and MEDINA, Circuit Judges.


PER CURIAM.

Defendant's attack on the verdict and judgment holding him in damages for the injuries suffered by plaintiff in an automobile accident rests on his contention that under the law of Vermont, where the accident occurred, plaintiff was guilty of contributory negligence as a matter of law. As he concedes, the jury's finding of his negligence is not subject to attack, since he had left his car on a traveled highway without lights after dark. We agree, however...

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