PELL, Circuit Judge.
This is an appeal from a judgment in favor of the defendants, Burbank, and his employer, Finer Iron and Metal Company, Inc., following a jury verdict. The only error raised on appeal by the plaintiff Brandes relates to two instructions, one given and one refused.
The facts in this diversity case are essentially not in dispute. At approximately 7 o'clock on the morning of February 14, 1975, Burbank was operating a tractor-trailer unit east...
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