Capital Transit Co. v. Holloway

CAYTON, Associate Judge.

This appeal concerns a type of automobile collision which happens with great frequency — one between a motorist pulling away from a parked position at the curb and colliding with a vehicle in a lane of through traffic. Here such a motorist was plaintiff and sued the defendant transit company for damages allegedly caused by one of its buses. Trial was by the court and resulted in a finding for plaintiff. We are ordering a reversal on the sole ground that plaintiff’s own testimony showed him to have been negligent.

The important parts of plaintiff’s • testimony were…