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RIVERS v. STATE

Nos. 150-73 and 151-73.

328 A.2d 398 (1974)

Mary RIVERS, Adiministratix of the Estate of Loretta Patterson v. STATE of Vermont et al. Mary RIVERS, Administratrix of the Estate of Oscar Raymond Patterson v. STATE of Vermont et al.

Supreme Court of Vermont, Franklin.

Motion for Reargument Denied December 3, 1974.

Attorney(s) appearing for the Case

McNamara, Fitzpatrick, Sylvester, Farrell & Maley, Burlington, for plaintiff.

Karen McAndrew, Dinse, Allen & Erdmann, Burlington, for defendants.

Before BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ.

BARNEY, Chief Justice.

These two cases, consolidated below, have a most unhappy state of facts. The two deceased, each represented by the same administratrix, were killed in an atuomobile collision. The pleadings allege that the vehicle in which they were traveling was struck by a truck being driven without lights at a high rate of speed by one Douglas Robtoy, who was under the influence of intoxicating liquor. It was about eight o'clock on a September evening, and...

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