STORKE v. ST. JOHNSBURY TRUCKING CO.

No. 654, Docket 35541.

443 F.2d 89 (1971)

Elva STORKE (aka Stork) by her Legal Guardian Loretta Storke Martin, Plaintiff-Appellant, v. ST. JOHNSBURY TRUCKING CO., Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 5, 1971.


Attorney(s) appearing for the Case

Richard F. Sullivan, Rutland, Vt. (Francis B. McCaffrey, Rutland, Vt., of counsel), for plaintiff-appellant.

R. Joseph O'Rourke, Rutland, Vt. (Ryan, Smith & Carbine, Rutland, Vt., of counsel), for defendant-appellee.

Before SMITH and MOORE, Circuit Judges, and TIMBERS, District Judge.


PER CURIAM:

This litigation arose out of a head-on collision which occurred near Shrewsbury, Vermont at about 11:00 P.M. on Sunday, June 30, 1968 on Route 103, a rural highway with one lane for each direction of traffic. The plaintiff, Elva Storke, was a passenger in a Volkswagen driven by her husband, Harold Storke. The Storke Volkswagen collided with a tractor-trailer traveling in the opposite direction, which tractor-trailer was owned by the defendant and driven...

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