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JOHNSON v. HOISINGTON

No. 30-76.

367 A.2d 680 (1976)

Phillip L. JOHNSON, Admr. of the Estate of Stephen M. Johnson v. Lynwood P. HOISINGTON.

Supreme Court of Vermont.

November 10, 1976.

Attorney(s) appearing for the Case

Garfield H. Miller of Black & Plante, White River Junction, for plaintiff.

Downs, Rachlin & Martin, St. Johnsbury, for defendant.

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

BARNEY, Chief Justice.

An accident between a motorcycle and a pick-up truck brought about this lawsuit. The rider of the motorcycle was killed, and this action was brought by his representative against the driver of the truck. At the close of the plaintiff's case the lower court granted a motion for a directed verdict in favor of the defendant. This appeal followed.

The motion was granted on two grounds: first, that no negligence on the part of the defendant...

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