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MOULTON v. STEVENS

No. 20, Docket 31117.

383 F.2d 818 (1967)

Searle MOULTON, Plaintiff-Appellee, v. Leon STEVENS and Hess Oil & Chemical Corp., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided September 21, 1967.

Attorney(s) appearing for the Case

Joseph S. Wool, Burlington, Vt., for plaintiff-appellee.

Donald M. French, Rutland, Vt. (Lawrence Miller, Rutland, Vt., on the brief), for defendants-appellants.

Before LUMBARD, Chief Judge, and WATERMAN and FEINBERG, Circuit Judges.

PER CURIAM:

This appeal by the defendants from a jury verdict of $8,000 for the plaintiff in a diversity action for damages sustained in an automobile accident in Burlington, Vermont, raises the question whether the trial judge should have directed a verdict for the defendant on the ground that the plaintiff's contributory negligence had been established as a matter of law.

The plaintiff's testimony disclosed that he was temporarily blinded by the sun but...

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