U.S. Court of Appeals for the D.C. Circuit, 1950

Payne v. Capital Transit Co.

U.S. Court of Appeals for the D.C. Circuit · Decided February 13, 1950 · Miller, Per Curiam, Proctor, Washington, Wilbur

181 F.2d 613; 86 U.S. App. D.C. 172 (Federal Reporter, Second Series)

Counsel

Mr. Wesley E. McDonald, Washington, D. C., for appellant., Mr. Howard Boyd, Washington, D. C., with whom Mr. Paul R. Connolly, Washington, D. C, was on the brief, for appel-lee.

Cases that cite this one

3 later published cases cite this decision.

American Development Corp. v. Potomac Co. (D.C. 1956)
Geibels v. City of Cape Coral (United States District Court for the Middle District of Florida 1994)
Odessa CARRION, Plaintiff-Appellant, v. YESHIVA UNIVERSITY, Defendant-Appellee (2d Cir. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This appeal from the District Court in a suit for slander raises a question as to the court’s action in directing a verdict for defendant (appellee) upon the ground that the alleged defamatory utterance was made under the protection of qualified privilege.

In our opinion the record clearly supports the ruling of the trial court.

We also think the court acted well within its discretion in refusing to delay the trial to await the appearance of a proposed witness for the plaintiff (appellant), especially so, when, in acting upon the motion for a directed verdict, the judge considered a proffer by counsel of expected testimony from such witness. The judgment is

Affirmed.

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