WABISKY v. D. C. TRANSIT SYSTEM, INC.

No. 16884.

309 F.2d 317 (1962)

Irene B. WABISKY, Individually and as Ancillary Administratrix of the Estate of Joseph L. Wabisky, deceased, Appellant, v. D. C. TRANSIT SYSTEM, INC., a corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 25, 1962.


Attorney(s) appearing for the Case

Mr. J. E. Bindeman, Washington, D. C., with whom Mr. Leonard W. Burka, Washington, D. C., was on the brief, for appellant.

Mr. Frank F. Roberson, Washington, D. C., with whom Mr. James A. Belson, Washington, D. C., was on the brief, for appellee.

Before BASTIAN, BURGER and WRIGHT, Circuit Judges.


BURGER, Circuit Judge.

The District Court granted a directed verdict in favor of appellee at the close of appellant's case, holding that appellant had not made out a case, under the last clear chance doctrine, for recovery for the death of appellant's decedent.

As we read the record the evidence offered by appellant was sufficient to warrant a jury in finding that when first seen by appellee's motorman, the decedent was a substantial distance in front of the...

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