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

No. 17720.

326 F.2d 658 (1963)

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 December 12, 1963.


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 PRETTYMAN, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge.

On a prior occasion1 this court reversed and remanded this case for submission to the jury under a last clear chance instruction, the trial court having directed a verdict in favor of the defendant at the close of the plaintiff's case. On retrial pursuant to our remand, the jury found for the defendant. On this appeal, appellant alleges procedural error in the trial of the case, primarily prejudicial comment...

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