POWERS v. HIXSON

No. 98, Docket 24044.

239 F.2d 580 (1956)

Lottie POWERS, Frederick W. Long and Myra Tanner, Plaintiffs-Appellants, v. S. W. HIXSON, d/b/a Hixson Truck Line, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 27, 1956.


Attorney(s) appearing for the Case

Harry Cooper and Jacob Schwolsky, Hartford, Conn. (Henry J. Goldberg, Hartford, Conn., on the brief), for plaintiffs-appellants.

George Muir, Hartford, Conn., for defendant-appellee.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.


PER CURIAM.

In this case the plaintiffs have the difficult burden of showing that a defendant's verdict in their action for personal injury and property damage sustained as a result of a collision between their car and defendant's truck is erroneous in law. For this they have to assert that defendant's negligence, together with the absence of contributory negligence of plaintiff Long, the driver of their car, is so clear that Judge Smith should have directed a verdict...

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