U.S. Court of Appeals for the D.C. Circuit, 1959

Elsie Pamela Williams, Through Her Next Friend, Elsie Williams, and Elsie Williams, in Her Individual Capacity v. Abraham Greenblatt

U.S. Court of Appeals for the D.C. Circuit · Decided November 25, 1959 · Edgerton, Danaher, Bastian

272 F.2d 564; 106 U.S. App. D.C. 335; 1959 U.S. App. LEXIS 3023 (Federal Reporter, Second Series)

Counsel

Mr. Albert J. Ahern, Jr., Washington, D. C., with whom Mr. James J. Laughlin, Washington, D. C., was on the brief, for appellants., Mr. Thomas J. Ahern, Jr., Washington, D. C., for appellee.

Cases that cite this one

5 later published cases cite this decision.

Reginald Law v. Virginia Stage Lines, Inc., a Corporation (D.C. Cir. 1971)
Louis Kuzminsky v. Leroy Woodard (D.C. Cir. 1962)
Josephine M. Pulvari v. Greyhound Corporation (D.C. Cir. 1967)
Earl Q. Morse and Mrs. Earl Q. Morse v. Dr. Frederic A. Moretti and Doctors Hospital, Inc. (D.C. Cir. 1968)
Lottie R. Seganish and Daniel Seganish v. District of Columbia Safeway Stores, Inc. (D.C. Cir. 1968)

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 plaintiff child suddenly and without warning ran through a thick hedge bordering an alley just as the defendant’s car turned in from the street. She collided with the car which was almost instantly brought to a stop. Following the procedure authorized by Fed.R.Civ.P. 50(b), 28 U.S.C.A., and a practice which we have previously approved, 1 the Dis *565 trict Judge allowed the jury to consider the controverted issues as to negligence and contributory negligence. After a plaintiff’s verdict had been returned, he granted the defendant’s motion for judgment n. o. v. We are satisfied that in such exercise of his legal discretion no error resulted. 2 3

Affirmed.

. We thus are able to test the judge’s determination against that of the jury ■without necessitating a new trial should we find his judgment erroneous. Shewmaker v. Capital Transit Co., 1944, 79 U.S.App.D.C. 102, 143 F.2d 142.

. Cf. Capital Transit Co. v. Gamble, 1947, 82 U.S.App.D.C. 57, 160 F.2d 283.

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