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SIMMONDS v. CAPITAL TRANSIT CO.

No. 8783.

147 F.2d 570 (1945)

SIMMONDS v. CAPITAL TRANSIT CO.

United States Court of Appeals District of Columbia.

Decided February 19, 1945.

Attorney(s) appearing for the Case

Mr. Abraham Chaifetz, of Washington, D. C., with whom Mr. Dorsey K. Offutt, of Washington, D. C., was on the brief, for appellant.

Mr. H. W. Kelly, of Washington, D. C., with whom Mr. R. E. Lee Goff, of Washington, D. C., was on the brief, for appellee.

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

MILLER, Associate Justice.

Appellant sued in the District Court to recover damages for injuries suffered when he was struck by one of appellee's streetcars. Appellee moved for a judgment under Rule 50(b) of the Federal Rules of Civil Procedure1 and the trial judge granted the motion, notwithstanding the jury's verdict in favor of appellant.

The rule, applicable on this appeal, was stated in the Shewmaker case,

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