Judith E. Gregory and William H. Gregory v. Philip D. Hardgrove

MEDINA, Circuit Judge.

This diversity case involves a collision between two automobiles at the crest of a hill on a narrow, typical, back country road in Vermont. As the cars approached each other from opposite directions it is understandable that neither driver was conscious of the nearby presence of the other until almost the moment of impact. There was ample evidence of excessive speed by Hard-grove and of his failure to keep his car on his side of the road. Moreover, the jury was warranted in finding no contributory negligence on the part of Mrs. Gregory, who testified she kept as far to…