Mary D. Swank v. Capital Transit Company, a Corporation

The facts in this case are so similar to those which were present in Marshall v. Capital Transit Co., 95 U.S.App.D.C. - — , 216 F.2d 636, that we are not justified in reaching a different conclusion. This result is fortified by the fact that on several occasions appellant had alighted on the street pavement, and not on the curb, at the point in question. Furthermore, she was aware that she was making a full step down to the street pavement and not the shorter distance to the top of the curb. *

Affirmed.

*

Plaintiff’s reliance upon Section 3(o), of Order No. 711 of the Public Utilities Commission…