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CAPITAL TRANSIT CO. v. HOWARD

No. 11170.

196 F.2d 593 (1952)

CAPITAL TRANSIT CO. v. HOWARD.

United States Court of Appeals District of Columbia Circuit.

Decided April 24, 1952.

Attorney(s) appearing for the Case

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

James F. Reilly, Washington, D. C., with whom Eugene B. Sullivan, Washington, D. C., was on the brief, for appellee.

Before CLARK, BAZELON and WASHINGTON, Circuit Judges.

BAZELON, Circuit Judge.

Edward T. Howard was killed in an accident in which he was run over by a Capital Transit Company1 bus. In a suit for damages brought by his administratrix, the trial court charged the jury, without objection, that the essential elements of her claim were

"First, that decedent was a paid passenger on the bus on the occasion in question; "Second, that defendant was negligent in that its driver started...

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