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FISHER v. CAPITAL TRANSIT COMPANY

No. 13393.

246 F.2d 666 (1957)

Samuel FISHER, Mrs. Samuel Fisher, Appellants, v. CAPITAL TRANSIT COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 16, 1957.

Attorney(s) appearing for the Case

Messrs. Stanley B. Frosh, Washington, D. C., and William E. Brooke, Washington, D. C., submitted on the brief for appellants.

Messrs. John P. Arness, Washington, D. C., and John J. Ross, Washington, D. C., submitted on the brief for appellee, Capital Transit Company. Mr. George D. Horning, Jr., Washington, D. C., also entered an appearance for appellee, Capital Transit Company.

Before WILBUR K. MILLER, BAZELON and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Appellants, husband and wife, sued appellee Transit Company for damages for personal injuries sustained by the husband who, while crossing a street, fell when he caught his foot in a hole located in or near appellee's streetcar tracks.1 The complaint alleges that appellee negligently failed to maintain its tracks and the area near the tracks in a reasonably safe condition and that the alleged existence of a hole...

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