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COBB v. CAPITAL TRANSIT CO.

No. 8768.

148 F.2d 217 (1945)

COBB v. CAPITAL TRANSIT CO.

United States Court of Appeals District of Columbia.

Decided February 5, 1945.

Attorney(s) appearing for the Case

Mr. Burton A. McGann, of Washington, D. C., for appellant.

Mr. Howard Boyd, of Washington, D. C., with whom Mr. Edward Bennett Williams, of Washington, D. C., was on the brief, for appellee. Mr. Edmund L. Jones, of Washington, D. C., also entered an appearance for appellee.

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

GRONER, C. J.

The single question in this case is whether the refusal of the trial court to grant plaintiff's instruction on the last clear chance doctrine was error. The suit was brought to recover damages for injuries sustained when the plaintiff was struck by defendant's street car at Ninth Street and Pennsylvania Avenue, Northwest, in the City of Washington.

At the point in question defendant's car tracks run east and west on Pennsylvania Avenue. The westbound...

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