No. 74-1320.

514 F.2d 1147 (1975)

Florence Miller ARNOLD et al., Plaintiffs-Appellees, v. AETNA ENGINEERING COMPANY, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided April 24, 1975.

Attorney(s) appearing for the Case

Martin L. Gross, Concord, N. H., with whom Sulloway, Hollis, Godfrey & Soden, Concord, N. H., was on brief, for defendant-appellant.

W. Wright Danenbarger, Manchester, N. H., with whom Wiggin, Nouries, Sundeen, Pingree & Bigg, Manchester, N. H., William A. Baker and Baker & Page, Lebanon, N. H., were on brief, for plaintiffs-appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


Defendant Aetna employed one Brian McKeon as a driver. On September 28, 1971, at 2:30 p. m., McKeon was travelling northwesterly in a heavily-laden truck on Interstate Route 89, a four-lane controlled-access highway, near Lebanon, New Hampshire. The weather was clear, the road dry, and traffic conditions medium. He was in the right-hand lane, travelling at 60 (according to his police report) or 65 (according...

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