MANTON, Circuit Judge.
Appellee, on the night of July 12, 1933, was driving his car northerly on Strongs avenue at Rutland, Vt., and collided with the rear of the appellant's motorcar which the jury could have found, on the evidence, was without a rear light. There was also evidence on which to base a finding that the car was backed out from the curb into the path of the appellee, without warning or notice of any kind, and without affording the appellee any opportunity...
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