Legal Opinion

Samuel Simblest v. Joseph Maynard

Court of Appeals for the Second Circuit

Decided May 12, 1970No. 34285_1PublishedCited by 270 opinions

1Opinion of the Court

TIMBERS, District Judge:

We have before us another instance of Vermont justice — this time at the hands of a federal trial judge who, correctly applying the law, set aside a $17,125 plaintiff’s verdict and entered judgment n. o. v. for defendant, Rule 50(b), Fed.R. Civ.P., in a diversity negligence action arising out of an intersection collision between a passenger vehicle driven by plaintiff and a fire engine driven by defendant in Burlington, Vermont, during the electric power blackout which left most of New England in darkness on the night of November 9, 1965. We affirm.

I

Plaintiff, a…

2Cases cited13 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Brady v. Southern Railway Co.Supreme Court of the United States · 1944
  3. Wilkerson v. McCarthySupreme Court of the United States · 1949
  4. Dick v. New York Life InsuranceSupreme Court of the United States · 1959
  5. Mercer v. TheriotSupreme Court of the United States · 1964

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3Cited by270 opinions

  1. Richard Samuels v. Air Transport Local 504Court of Appeals for the Second Circuit · 1993
  2. Berkey Photo, Inc., Plaintiff-Appellee-Cross v. Eastman Kodak Company, Defendant-Appellant-CrossCourt of Appeals for the Second Circuit · 1979
  3. Wilbur L. LOVELACE, Appellant, v. SHERWIN-WILLIAMS COMPANY, AppelleeCourt of Appeals for the Fourth Circuit · 1982
  4. Zahra v. Town Of SoutholdCourt of Appeals for the Second Circuit · 1995
  5. Cruz v. Local Union No. 3 of International Brotherhood of Electrical WorkersCourt of Appeals for the Second Circuit · 1994

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