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CAPITAL TRANSIT CO. v. GARCIA

No. 11038.

194 F.2d 162 (1952)

CAPITAL TRANSIT CO. v. GARCIA.

United States Court of Appeals District of Columbia Circuit.

Decided January 24, 1952.

Attorney(s) appearing for the Case

Frank F. Roberson, Washington, D. C., with whom George D. Horning, Jr., Washington, D. C., was on the brief, for appellant.

Dorsey K. Offutt, Washington, D. C., with whom Thomas A. Farrell, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, CLARK, and FAHY, Circuit Judges.

EDGERTON, Circuit Judge.

Appellee Garcia recovered judgment against appellant Transit Company for personal injuries caused by his walking against the side of a streetcar. In crossing the street on a crosswalk, he kept watching a traffic light on his right and so failed to see the streetcar approaching from his left. Obviously his negligence was a cause of his injury. The chief question is whether the District Court erred in submitting the case to the jury on the basis...

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