Court of Appeals for the Second Circuit December 22, 1969, 164, Docket 33637 (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.