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GREGORY v. HARDGROVE

No. 164, Docket 33637.

419 F.2d 589 (1969)

Judith E. GREGORY and William H. Gregory, Plaintiffs-Appellees, v. Philip D. HARDGROVE, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 22, 1969.

Attorney(s) appearing for the Case

Robinson E. Keyes, Rutland, Vt. (Ryan, Smith & Carbine, and Webber & Costello, Rutland, Vt., on the counterclaim for Judith E. Gregory, on the brief), for plaintiffs-appellees.

Richard J. Burke, New York, N. Y. (Coffrin & Pierson, Burlington, Vt., on the brief), for defendant-appellant.

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

MEDINA, Circuit Judge.

This diversity case involves a collision between two automobiles at the crest of a hill on a narrow, typical, back country road in Vermont. As the cars approached each other from opposite directions it is understandable that neither driver was conscious of the nearby presence of the other until almost the moment of impact. There was ample evidence of excessive speed by Hardgrove and of his failure to keep his car on his side of the road. Moreover...

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