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AKERS v. TOMLINSON

No. 3924.

222 A.2d 644 (1966)

Benjamin F. AKERS, Appellant, v. Robert S. TOMLINSON, Appellee.

District of Columbia Court of Appeals.

Decided September 20, 1966.

Attorney(s) appearing for the Case

James B. Gilbert, Washington, D. C., for appellant.

Patrick J. Attridge, Washington, D. C., with whom Cornelius H. Doherty, Washington, D. C., was on the brief, for appellee.

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

QUINN, Associate Judge.

Appellant (plaintiff below) sued to recover damages resulting from an automobile accident. At the close of all the evidence, the trial court found that the case involved an "emergency situation" and that appellant had not "carried the burden of proving negligence by the preponderance of the evidence."

The record shows that immediately preceding the accident, at least three cars were traveling west on P Street and had stopped for a red...

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