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ROBERTS v. CAPITAL TRANSIT CO.

No. 8187.

131 F.2d 871 (1942)

ROBERTS v. CAPITAL TRANSIT CO.

United States Court of Appeals for the District of Columbia.

Decided November 9, 1942.

Attorney(s) appearing for the Case

Messrs. H. Winship Wheatley and Joseph J. Malloy, with whom Mr. H. Winship Wheatley, Jr., all of Washington, D. C., was on brief, for appellant.

Mr. Edmund L. Jones, with whom Mr. Howard Boyd, both of Washington, D. C., was on brief, for appellee.

Before GRONER, Chief Justice, and EDGERTON and RUTLEDGE, Associate Justices.

PER CURIAM.

This is an action to recover damages for personal injury growing out of a street car accident. The jury found for plaintiff, but the trial court set aside the verdict and entered judgment for defendant under Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. On this appeal we, of course, construe the evidence most favorably to the plaintiff (appellant). So construed, we are of opinion the action of the court below was...

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