MEDLAR v. AETNA INSURANCE COMPANY

No. 316.

248 A.2d 740 (1968)

Marcus I. MEDLAR, Jr. and Robert L. Goodrich v. AETNA INSURANCE COMPANY and Travelers Indemnity Company.

Supreme Court of Vermont. Chittenden.

October 11, 1968.


Attorney(s) appearing for the Case

Latham & Eastman, Burlington, for Marcus I. Medlar, Jr., Bernard R. Dick, Rutland, for Robert L. Goodrich.

Wick, Dinse & Allen, Burlington, for Aetna Ins. Co., French & Miller, Rutland, for Travelers Indemnity Co.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


KEYSER, Justice.

The plaintiffs, Medlar and Goodrich, were co-employees of the street department of the City of Burlington. On March 22, 1965, the plaintiffs were engaged in salting Cliff Street by motor truck. Medlar was the driver of the truck and Goodrich was operating power driven salting equipment from the tailgate on the rear of the truck. The truck went out of control and struck the curb of the sidewalk. This caused plaintiff Goodrich to be thrown to the ground...

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