UROW v. DISTRICT OF COLUMBIA

No. 16851.

316 F.2d 351 (1963)

Edythe C. UROW, Administratrix of the Estate of Louis Urow, deceased, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 7, 1963.

Petition for Rehearing Denied April 16, 1963.


Attorney(s) appearing for the Case

Mr. Sheldon E. Bernstein, Washington, D. C., with whom Messrs. William A. Mann and Paul H. Mannes, Washington, D. C., were on the brief, for appellant.

Mr. Richard W. Barton, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee.

Before WASHINGTON, BURGER and WRIGHT, Circuit Judges.


Petition for Rehearing En Banc Denied En Banc April 16, 1963.

PER CURIAM.

The District Court dismissed appellant's complaint which alleged that appellant's decedent was killed by a motor vehicle while crossing a street. The only negligence attributed to the District of Columbia was failure to provide a traffic control device at that intersection. The issue posed is thus not one of fact, but one of law, i. e., whether...

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