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BROOKS v. WOOTTON

No. 186, Docket 29819.

355 F.2d 177 (1966)

Ralph BROOKS, Plaintiff-Appellee, v. William WOOTTON, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 18, 1966.

Attorney(s) appearing for the Case

Arthur N. Seiff, New York City (William P. Kennedy, New York City), for defendant-appellant.

Alfred S. Julien, New York City, for plaintiff-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

Brooks, the plaintiff in this diversity action in the District Court for the Southern District of New York, was injured in an automobile accident in January 1958. Late on a clear and dry night, he was driving north on the eastern lane of a three-lane highway approaching a curve bearing to the left. He observed a car, driven by defendant Wootton, proceeding south around the curve at a speed of 40 miles per hour. The oncoming car began to weave, crossing...

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