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MEADOW GOLD PRODUCTS CO. v. WRIGHT

No. 14942.

278 F.2d 867 (1960)

MEADOW GOLD PRODUCTS CO., a corporation, Appellant, v. Harry W. WRIGHT, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 7, 1960.

Attorney(s) appearing for the Case

Mr. Wilbert McInerney, Washington, D. C., with whom Mr. Joseph S. McCarthy, Washington, D. C., was on the brief, for appellant.

Mr. Paul R. Connolly, Washington, D. C., for appellee. Mr. Francis L. Casey, Jr., Washington, D. C., also entered an appearance for appellee.

Before BAZELON, BASTIAN and BURGER, Circuit Judges.

BASTIAN, Circuit Judge.

This is an appeal by the defendant in the District Court from a jury verdict awarding appellee judgment for injuries sustained as a result of negligent operation of a motor truck by appellant's employee. The sole question is whether the trial court erred in instructing the jury on the doctrine of last clear chance when this issue was not specifically framed by the pleadings or the pre-trial order and...

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