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POSNER v. PAUL'S TRUCKING SERVICE, INC.

No. 6894.

380 F.2d 757 (1967)

Lee POSNER et al., Plaintiffs, Appellants, v. PAUL'S TRUCKING SERVICE, INC., et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

July 14, 1967.

Attorney(s) appearing for the Case

Albert P. Zabin, Boston, Mass., with whom Joseph Schneider and Edward M. Swartz, Boston, Mass., were on brief, for appellants.

Walter G. Murphy, Boston, Mass., for Paul's Trucking Service, Inc., appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This is an appeal from a judgment for defendant, following jury verdict in a negligence action. The accident happened on the Massachusetts Turnpike during a foggy day when the driver-owner of a tractor-trailer, one Hoefle, fell asleep at the wheel and the truck collided with an automobile parked on the breakdown lane. Plaintiff, a passenger in the automobile, suffered serious injuries and (with her husband) brought this action against defendant...

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