From our private database of 22,300+ case briefs...
Whicher v. Phinney
United States Court of Appeals for the First Circuit
124 F.2d 929 (1942)
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
Holding and Reasoning (Woodbury, J.)
Concurrence (Magruder, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 518,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 518,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.