U.S. Court of Appeals for the D.C. Circuit, 1954

Mrs. Ethel Burns (Wiggins) Marshall v. Capital Transit Company

U.S. Court of Appeals for the D.C. Circuit · Decided November 10, 1954 · Miller, Prettyman, Danaher

216 F.2d 636; 95 U.S. App. D.C. 1; 1954 U.S. App. LEXIS 3017 (Federal Reporter, Second Series)

Counsel

Mr. Kent D. Thorup, Washington, D. C. , for appellant. Messrs. Joseph F. Castiello, William T. Hannon, Ralph F. Berlow and Joseph B. Calandriello, Washington, D. C., were on the brief, for appellant., Mr. Frank F. Roberson, Washington, D. C., with whom Mr. John P. Arness, Washington, D. C., was on the brief, for appellee.

Cases that cite this one

9 later published cases cite this decision.

Carey v. Jack Rabbit Lines, Inc. (S.D. 1981)
Perrino v. D. C. Transit System, Inc. (D.C. 1966)
Mike J. Morfessis v. Norman Baum and Lois Schenk (D.C. Cir. 1960)
Haynes v. Alverno Heights Hospital (Okla. 1973)
Sullivan v. Yellow Cab Company (D.C. 1965)
GOLDEN COMMISSARY CORPORATION v. Shipley (D.C. 1960)
Stickle v. Trimmer (N.J. Super. Ct. App. Div. 1958)
Ada M. Reece and Charles Reece v. Capital Transit Company, a Corporation, Capital Transit Company, a Corporation v. Ada M. Reece and Charles Reece (D.C. Cir. 1956)
Mary D. Swank v. Capital Transit Company, a Corporation (D.C. Cir. 1955)

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.

The question is whether the Transit Company is liable in damages for injuries sustained by a passenger who fell in alighting from a bus which had stopped thirty inches from the curb, where there was no unusual hazard in the street but where there was an incline toward the curb for drainage purposes, substantially similar to the slope of street surfaces throughout the District.

The District Court correctly answered the question in the negative. Kieffer v. Capital Transit Co., 1954, 94 U.S.App.D.C. -, 214 F.2d 241; Hoffman v. Philadelphia Transportation Co., 1952, 369 Pa. 212, 85 A.2d 144; Greco v. Public Service Interstate Transp. Co., 1947, 135 N.J.L. 280, 51 A.2d 1; Meelhein v. Public Service Coordinated Transport Co., 1938, 121 N.J.L. 163, 1 A.2d 418.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.