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Barbara Brammer and David Brammer v. Arrow Lines, Inc., a Corporation

Barbara BRAMMER and David Brammer, Plaintiffs-Appellees, v. ARROW LINES, INC., a Corporation, Defendant-Appellant

Brammer v. Arrow Lines, Inc., 422 F.2d 398 (4th Cir. 1970)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
March 5, 1970
Docket
No. 13706_1
Judges
Winter, Craven, Butzner
Citations
422 F.2d 3981970 U.S. App. LEXIS 10432

Opinion — Per Curiam

PER CURIAM.

In this diversity action, arising from a motor vehicle collision, we think that the issue of plaintiff’s contributory negligence was under applicable law a question solely for the jury. The jury exonerated plaintiff. The district judge’s determination that the deceased truck driver was the agent or servant of the corporate defendant was neither factually erroneous nor legally incorrect. Plaintiffs’ recovery was not excessive. The charge to the jury was not excepted to in the regard complained of now, and contained no manifest error.

Affirmed.

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United States v. Black, 422 F.2d 398 (4th Cir. 1970) 2

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