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HIGGINS v. THOMPSON

No. 11651.

391 F.2d 246 (1968)

Clarence O. HIGGINS, Appellant, v. Allen Eugene THOMPSON and McLean Trucking Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided February 21, 1968.

Attorney(s) appearing for the Case

William O. Roberts, Jr., Lexington, Va. (J. Frank Shepherd, Lynchburg, Va., on brief), for appellant.

Wm. Rosenberger, Jr., Lynchburg, Va., for appellees.

Before SOBELOFF, BRYAN and BUTZNER, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

In this automobile collision case the District Court directed a verdict, and entered judgment, for the defendant. The basis of the ruling was that the plaintiff, Clarence O. Higgins, was guilty of contributory negligence when he turned his car out of a standing line of automobiles, in the right-hand lane of the highway, just as a tractor-trailer driven by the defendant Allen Eugene Thompson, owned by the defendant McLean Trucking Company...

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