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SHANK v. BAKER

No. 9313.

333 F.2d 301 (1964)

Henry DeWitt SHANK, Jr., Appellee, v. Alec BAKER, Administrator, C.T.A. of the Estate of Chester Arthur Quick, Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 10, 1964.

Attorney(s) appearing for the Case

Henry L. Anderson, Fayetteville, N. C. (Anderson, Nimocks & Broadfoot, Fayetteville, N. C., on brief), for appellant.

Rudolph G. Singleton, Jr., and James R. Nance, Fayetteville, N. C. (Nance, Barrington, Collier & Singleton, Fayetteville, N. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge:

On a clear day in October, 1960, as Chester Quick was driving south on United States Route 301 in North Carolina, he was confronted by a northbound tractor-trailer coming toward him on his side of the road. The tractor-trailer was attempting to pass a house-trailer moving in the same direction. Mr. Quick reacted by veering his car to the right, off the road and onto the western shoulder. Though the shoulder was sandy, it was firm enough to support...

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