SIMS v. EAST WASHINGTON RAILWAY COMPANY

No. 3941.

222 A.2d 641 (1966)

James Benjamin SIMS, Jr., Appellant, v. EAST WASHINGTON RAILWAY COMPANY, a foreign corporation, Appellee.

District of Columbia Court of Appeals.

Decided September 20, 1966.


Attorney(s) appearing for the Case

James S. Brocard, Washington, D.C., for appellant.

Paul J. Sedgwick, Washington, D.C., for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.


QUINN, Associate Judge:

This is an appeal from a directed verdict for appellee (defendant below) in a suit for personal injuries sustained by appellant in a railroad crossing accident.

At the trial, appellant testified that he was familiar with the crossing and that he stopped his truck one foot from the nearest rail of the tracks. He neither saw any flagman nor saw or heard any train approaching and was unaware of the danger until his helper Willis exclaimed...

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