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COLE v. CAPITAL TRANSIT CO.

No. 11014.

195 F.2d 568 (1952)

COLE v. CAPITAL TRANSIT CO.

United States Court of Appeals District of Columbia Circuit.

Decided March 20, 1952.

Attorney(s) appearing for the Case

Alfred M. Schwartz, Washington, D. C., with whom Samuel A. Friedman, Washington, D. C., was on the brief, for appellant.

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

Before PRETTYMAN, PROCTOR, and BAZELON, Circuit Judges.

PROCTOR, Circuit Judge.

Appellant sued in the District Court for damages resulting from injuries allegedly caused by "negligent operation" of a streetcar of appellee. At the trial she adduced evidence in chief that she was a passenger on the streetcar and was injured by a sudden and violent stopping of the car. Without attempting proof of any specific act of negligence, she invoked the doctrine of res ipsa loquitur and rested her case. The Transit Company produced...

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