Samuel Fisher, Mrs. Samuel Fisher v. Capital Transit Company

BURGER, Circuit Judge.

Appellants, husband and wife, sued appellee Transit Company for damages for personal injuries sustained by the husband who, while crossing a street, fell when he caught his foot in a hole located in or near appellee’s streetcar tracks. 1 The complaint alleges that appellee negligently failed to maintain its tracks and the area near the tracks in a reasonably safe condition and that the alleged existence of a hole constituted a nuisance. The District Court granted appellee’s motion for summary judgment and it is from this order that appellants appeal.

Appellants contend…