Elsie Pamela Williams, Through Her Next Friend, Elsie Williams, and Elsie Williams, in Her Individual Capacity v. Abraham Greenblatt

The plaintiff child suddenly and without warning ran through a thick hedge bordering an alley just as the defendant’s car turned in from the street. She collided with the car which was almost instantly brought to a stop. Following the procedure authorized by Fed.R.Civ.P. 50(b), 28 U.S.C.A., and a practice which we have previously approved, 1 the Dis trict Judge allowed the jury to consider the controverted issues as to negligence and contributory negligence. After a plaintiff’s verdict had been returned, he granted the defendant’s motion for judgment n. o. v. We are satisfied that in such exercise of his legal discretion no error resulted. 2 3

Affirmed.

. . We thus are able to test the judge’s determination against that of the jury ■without necessitating a new trial should we find his judgment erroneous. Shewmaker v. Capital Transit Co., 1944, 79 U.S.App.D.C. 102, 143 F.2d 142.

. Cf.. Cf. Capital Transit Co. v. Gamble, 1947, 82 U.S.App.D.C. 57, 160 F.2d 283.