SMITH v. STEWARD

Nos. 16023, 16026.

292 F.2d 735 (1961)

Prince Albert SMITH, Appellant, v. Robert Lee STEWARD, Appellee. Robert Lee STEWARD, Appellant v. Prince Albert SMITH, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 27, 1961.


Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., with whom Mr. Curtis P. Mitchell, Washington, D. C., was on the brief for appellant in No. 16023 and appellee in No. 16026.

Mr. Alfred M. Schwartz, Washington, D. C., for appellee in No. 16023 and appellant in No. 16026.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON and DANAHER, Circuit Judges.


DANAHER, Circuit Judge.

A jury awarded damages to the appellant, but judgment n. o. v. was entered for the appellee. At the same time, the latter's motion for new trial was denied. An appeal and cross-appeal followed. We treat only with the issue involving appellant's alleged contributory negligence, for we may assume the jury properly could have found negligence on the part of the defendant-appellee.

The physical facts may be treated as we proceed. Emergency...

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