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MacGIBBON v. SMALLS

No. 18399.

443 F.2d 522 (1971)

Bruce MacGIBBON, Appellant and Tina MacGibbon v. Godfrey SMALLS and Warren Emanuel.

United States Court of Appeals, Third Circuit.

Decided April 27, 1971.

Attorney(s) appearing for the Case

Richard E. Grunert, Grunert & Stout, Charlotte Amalie, St. Thomas, V. I., for appellant.

Alexander A. Farrelly, Birch, de Jongh & Farrelly, Charlotte Amalie, St. Thomas, V. I., for Godfrey Smalls.

John L. Maduro, Charlotte Amalie, St. Thomas, V. I., on the brief, for Warren Emanuel.

Before KALODNER, FREEDMAN and ADAMS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal arises from a rear-end collision between an automobile driven by plaintiff Bruce MacGibbon and a taxi driven by defendant Warren Emanuel, on January 22, 1968, on a city street in St. Thomas, the Virgin Islands.

The sequence of events which led up to the accident is as follows: A third vehicle, a taxi, driven by defendant Godfrey Smalls, when hailed by a passenger, came to a rolling signaled stop...

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