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Whicher v. Phinney

United States Court of Appeals for the First Circuit

124 F.2d 929 (1942)

Facts

Phinney (defendant) was driving at about 35 miles per hour and about 50 feet behind another car on a country road at dusk. The driver in the car ahead of Phinney failed to see a wagon in the road and struck one of the wagon’s wheels while attempting to swerve out of the way. This caused a man who had been riding in the wagon to fall onto the road. Within two seconds, Phinney ran over and killed the man. The deceased’s administrator, Whicher (plaintiff), sued Phinney. The trial court found in favor of Phinney. Whicher appealed. The United States Court of Appeals granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Woodbury, J.)

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Concurrence (Magruder, J.)

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