Edythe C. Urow, Administratrix of the Estate of Louis Urow, Deceased v. District of Columbia

The District Court dismissed appellant’s complaint which alleged that appellant’s decedent was killed by a motor vehicle while crossing a street. The only negligence attributed to the District' of Columbia was failure to provide a traffic control device at that intersection. The issue posed is thus not one of fact, but *352one of law, i. e., whether the District’s failure to establish a traffic control device may be raised by a private litigant in a tort action against the District. We hold that issue may not be so raised.

Congress has authorized the Commissioners of the District of Columbia to…