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KUZMINSKY v. WOODARD

No. 16496.

307 F.2d 195 (1962)

Louis KUZMINSKY, Appellant, v. Leroy WOODARD, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 6, 1962.

Attorney(s) appearing for the Case

Mr. Edward L. Genn, Washington, D. C., with whom Mr. George Jacobi, Washington, D. C., was on the brief, for appellant.

Mr. Wilbert McInerney, Washington, D. C., for appellee. Mr. John S. McInerney, Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, FAHY and DANAHER, Circuit Judges.

PER CURIAM.

In this suit for personal injuries the District Court directed a verdict for the defendant after a jury had failed to agree. We think there should be a new trial.

The plaintiff testified that he was standing in a crosswalk when he was struck by the defendant's car. The defendant testified in effect that the plaintiff stepped off a loading platform and walked against the side of the car. Which version is correct is a typical jury question. If a...

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