Ekberg v. Gifford

District of Columbia Circuit Court of Appeals

Argued Nov. 21, 1958.

Decided Dec. 4, 1958.

Petition for Rehearing Denied Jan. 13, 1959.

District of Columbia Circuit Court of Appeals · decided 1958-12-04

Cited by 1 later decisions — most recently December 1958

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1958-12-04

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¶1Mr. Ralph R. Sachs, Washington, D. C. , for appellants.

¶2Mr. Richard W. Galiher, Washington, D. C., with whom Mr. William E. Stewart, Jr., Washington, D. C., was on the brief, for appellee.

¶3Before Reed, Associate Justice of the Supreme Court, retired,* and Edgerton and Fahy, Circuit Judges.

¶5PER CURIAM.

¶6This appeal is from a judgment based on a directed verdict for the defendant in a suit for personal injuries. A car driven by the defendant injured the minor plaintiff, a somewhat handicapped 8-year old boy. The boy was crossing the street and was more than half-way across when the defendant’s car struck him. The driver of a car traveling in the opposite direction had seen the boy and had stopped his car in time to avoid striking him. We think it was error to direct a verdict for the defendant at the close of the plaintiff’s case.

¶7Reversed.