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KENT v. SMITH

No. 175, Docket 32619.

404 F.2d 241 (1968)

William J. KENT, III, Plaintiff-Appellee, v. Albert C. SMITH, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 11, 1968.

Attorney(s) appearing for the Case

Wick, Dinse & Allen, Burlington, Vt., for plaintiff-appellee.

Coffrin & Pierson, Burlington, Vt., for defendant-appellant.

Before MEDINA, FRIENDLY and SMITH, Circuit Judges.

MEDINA, Circuit Judge:

We are urged to reverse this judgment for plaintiff because it is claimed that plaintiff was guilty of contributory negligence as matter of law, and that it was error to refuse certain of defendant's requests for instructions. It is also claimed that it was error to receive plaintiff's testimony concerning his loss of earnings while disabled after the automobile accident that gave rise to the case.

On Sunday, March 6, 1966 in the late...

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