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SCHACK v. PRESTON TRUCKING COMPANY

No. 8922.

321 F.2d 78 (1963)

Paul John SCHACK, Appellee, v. PRESTON TRUCKING COMPANY, Inc., Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 29, 1963.

Attorney(s) appearing for the Case

John F. Rixey, Norfolk, Va. (Rixey & Rixey, Norfolk, Va., on brief), for appellant.

Herbert K. Bangel, Portsmouth, Va. (Bangel, Bangel & Bangel, Portsmouth, Va., on brief), for appellee.

Before HAYNSWORTH, BRYAN and J. SPENCER BELL, Circuit Judges.

PER CURIAM.

The defendant appeals from a judgment entered against it upon a verdict of a jury. The controversy arose out of an automobile accident which occurred upon a straight, dry highway in the daytime. The essential factual question is whether the defendant's vehicle swerved across the center line of the highway into the path of the plaintiff's oncoming automobile, or whether it was the plaintiff who crossed the center line of the highway into the path of the...

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