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D. C. TRANSIT SYSTEM v. BATES

No. 14385.

262 F.2d 697 (1958)

D. C. TRANSIT SYSTEM, Inc., Appellant, v. Darryl BATES, an infant, by his father and next friend, Raymond Bates, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 11, 1958.

Attorney(s) appearing for the Case

Mr. Frank F. Roberson, Washington, D. C., with whom Mr. Jeremiah C. Collins, Washington, D. C., was on the brief, for appellant.

Mr. Clifford C. Kaslow, Washington, D. C., for appellee.

Before WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

On June 29, 1955, Darryl Bates, then slightly more than six years old, came in contact with Transit's bus in P Street near its junction with Dupont Circle, and suffered injury to his foot. Through his father as next friend, he filed this action for damages, alleging the accident was due to the negligence of the driver in failing to stop or sound his horn to warn of his approach. The father in his individual capacity was also a plaintiff...

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