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Marshall v. Nugent

United States Court of Appeals for the First Circuit
222 F.2d 604 (1st Cir. 1955)


A truck owned by Socony (defendant), an oil company cut a corner on the highway and forced off the road a car driven by Harriman and containing a passenger, Marshall (plaintiff). Harriman and Marshall both exited the car and stood on the highway. The truck driver offered to help Harriman pull his car back onto the highway. He suggested that Harriman and Marshall step around the truck to warn oncoming cars of the obstacle. Marshall did just as a car driven by Nugent (defendant) was approaching. Nugent saw the oil truck blocking his path, and swerved to avoid it. In doing so, he hit Marshall and severely injured him. Marshall brought suit against both Nugent and the oil company. Nugent brought suit against the oil company. At trial, the jury returned a verdict for both Nugent and Marshall against the oil company. The oil company appealed on the ground that the wrongful conduct of its truck driver was not the proximate cause of Marshall’s injuries.

Rule of Law


Holding and Reasoning (Magruder, C.J.)

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