WEATHERBEE, Justice.
On appeal.
Shortly before 7:00 A.M. on March 25, 1964, Philip J. Rossi, Sr. was driving his automobile in a westerly direction toward Ellsworth on U. S. Route No. 1. He and his two passengers, Perley MacLean and John E. Parker, Sr., were on their way to work in Ellsworth. At this same time, the defendant, Gerhard Hohman, who had just been awakened from a nap in his car after an extended evening of social activity that had lasted until...
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