Capital Transit Co. v. Howard

BAZELON, Circuit Judge.

Edward T. Howard was killed in an accident in which he was run over by a Capital Transit Company 1 bus. In a suit for damages brought by his administratrix, the trial court charged the jury, without objection, that the essential elements of her claim were

“First, that decedent was a paid passenger on the bus on the occasion in question;

“Second, that defendant was negligent in that its driver started the bus before decedent had safely alighted therefrom; and,

“Third, that such negligence proximately caused decedent’s clothes or some portion of his body to be caught within…