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Conway v. O'Brien

United States Court of Appeals for the Second Circuit
111 F.2d 611 (1940)


Facts

O’Brien (defendant) was driving a car on a little travelled country road in Vermont. Conway (plaintiff) was a passenger in O’Brien’s car. O’Brien was driving about 15 miles per hour when he took a sharp turn on the wrong side of the road. This was a common practice on this road, but O’Brien encountered another car travelling in the opposite direction while making the turn and could not get out of the way before hitting the other car. Conway suffered injuries and sued O’Brien. Vermont’s Guest-Occupant law applied to the lawsuit and required Conway to prove gross or willful negligence to recover from O’Brien as a passenger in O’Brien’s car. The jury returned a verdict for Conway, and the trial court entered judgment in favor of Conway. O’Brien appealed.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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