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Ada M. Reece and Charles Reece v. Capital Transit Company, a Corporation, Capital Transit Company, a Corporation v. Ada M. Reece and Charles Reece

Ada M. REECE and Charles Reece, Appellants, v. CAPITAL TRANSIT COMPANY, a Corporation, Appellee; CAPITAL TRANSIT COMPANY, a Corporation, Appellant, v. Ada M. REECE and Charles Reece, Appellees

Ada M. Reece & Charles Reece v. Capital Transit Co., a Corp., Capital Transit Co., a Corp. v. Ada M. Reece & Charles Reece, 230 F.2d 824 (D.C. Cir. 1956)
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Court
Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided
March 1, 1956
Docket
Nos. 12762, 12763
Judges
Miller, Bazelon, Bastian
Citations
230 F.2d 82497 U.S. App. D.C. 274

Opinion — Per Curiam

PER CURIAM.

Ada M. Reece was injured in alighting from a Capital Transit bus, which had.stopped two or three feet from the curb at a point where melting snow had formed a puddle of water some 18 inches wide between the bus stop and the curb. It was daylight. Passengers- ahead of Mrs. Reece reached the sidewalk safely, but she fell as she attempted to go from, the bus to the curb.

The injured woman and her husband sued the Capital Transit Company and a jury returned verdicts in their favor. The transit company’s motion for a new trial was denied and it appeals, No. 12,-763. But on its alternative motion, judgments non obstante veredicto were awarded to the defendant and the Reec-es appeal from those judgments, No. 12,-762.

The evidence left the cause of Mrs. Reece’s fall so uncertain that the jury should not have been permitted to speculate that her injuries were attributable to the appellee’s negligence. Judgments n. o. v. were therefore properly entered. Kieffer v. Capital Transit Co., 1954, 94 U.S.App.D.C. 95 , 214 F.2d 241 ; Marshall v. Capital Transit Co., 1954, 95 U.S.App. D.C. 1, 216 F.2d 636 ; Swank v. Capital Transit Co., 1955, 95 U.S.App.D.C. 127 , 220 F.2d 807 .

Judgments in No. 12762 affirmed; appeal in No. 12763 dismissed as moot.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1956: 11957: 11958: 11959: 11966: 11973: 21975: 119562026peak 1973 · 2

Relies on it most ⓘ

  1. The Pennsylvania Railroad Company v. Robert Livingston Pomeroy, of the Estate of Elizabeth Eagan Pomeroy239 F.2d 435 (D.C. Cir. 1957)
  2. Bess O'Melveny MacMaugh v. Mrs. David Baldwin239 F.2d 67 (D.C. Cir. 1956)
  3. Courtney v. Giant Food, Inc.221 A.2d 92 (D.C. 1966)
  4. Ruffin v. Trans-Lux Theatre156 A.2d 678 (D.C. 1959)
  5. Jaramillo v. United States357 F. Supp. 172 (S.D.N.Y. 1973)
  6. PEPSI COLA COMPANY v. Waddell304 A.2d 630 (D.C. 1973)

Most recent

  1. Logsdon v. Baker517 F.2d 174 (D.C. Cir. 1975)
  2. PEPSI COLA COMPANY v. Waddell304 A.2d 630 (D.C. 1973)
  3. Jaramillo v. United States357 F. Supp. 172 (S.D.N.Y. 1973)
  4. Courtney v. Giant Food, Inc.221 A.2d 92 (D.C. 1966)
  5. Ruffin v. Trans-Lux Theatre156 A.2d 678 (D.C. 1959)
  6. Fine v. Giant Food Stores, Inc.163 F. Supp. 231 (D.D.C. 1958)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Kieffer v. Capital Transit Co., 214 F.2d 241 (D.C. Cir. 1954) 4
Swank v. Capital Transit Co., a Corp., 220 F.2d 807 (D.C. Cir. 1955) 2
Ethel Burns (Wiggins) Marshall v. Capital Transit Co., 216 F.2d 636 (D.C. Cir. 1954) 9

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