Elsie Pamela Williams, Through Her Next Friend, Elsie Williams, & Elsie Williams, in Her Individual Capacity v. Abraham Greenblatt, 272 F.2d 564 (D.C. Cir. 1959).
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Elsie Pamela Williams, Through Her Next Friend, Elsie Williams, & Elsie Williams, in Her Individual Capacity v. Abraham Greenblatt, 272 F.2d 564 (D.C. Cir. 1959). Book View Copy Cite
Elsie Pamela WILLIAMS, Through Her Next Friend, Elsie Williams, and Elsie Williams, in Her Individual Capacity, Appellants,
v.
Abraham GREENBLATT, Appellee
15106.
Court of Appeals for the D.C. Circuit.
Nov 25, 1959.
272 F.2d 564
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.
Edgerton, Danaher, Bastian.
Cited by 8 opinions  |  Published
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.

1

. 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.

2

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