Ann Powell and Mabel P. Lanyon v. Safeway Trails, Inc., and Trailways Terminal of Washington, Inc.

D.C. Circuit

Ann Powell and Mabel P. Lanyon v. Safeway Trails, Inc., and Trailways Terminal of Washington, Inc.

269 F.2d 225

CourtCourt of Appeals for the D.C. Circuit

DecidedJune 15, 1959

Docket14682_1

StatusPublished

This text of 269 F.2d 225 (Ann Powell and Mabel P. Lanyon v. Safeway Trails, Inc., and Trailways Terminal of Washington, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ann Powell and Mabel P. Lanyon v. Safeway Trails, Inc., and Trailways Terminal of Washington, Inc., 269 F.2d 225 (D.C. Cir. 1959).

Pincite

Opinion

PER CURIAM.

The plaintiffs appeal from a directed verdict for the defendants in a suit for personal injuries by negligence. There is no material dispute about the facts.

A passenger 74 years old, with good eyesight, got off a bus in a terminal. Walking among a number of people, she did not see that she was on a ramp. She stepped off the ramp into an unoccupied bus bay or “well”. The ramp varied in width from S' 9" to 6' 6", and at its highest point was 8" above the ground. A yellow line was painted along the edge of the ramp, but there was no guard rail or chain, and no employee or lettered sign warned passengers of the well. As far as appears, there was no red light or red paint.

We think the case should have been submitted to the jury. Cf. Tobin v. Pennsylvania R. Co., 69 App.D.C. 262, 100 F.2d 435; Brown v. American Airlines, Inc., 5 Cir., 244 F.2d 128, 61 A.L.R.2d 1108; Greyhound Corporation v. Wilson, 5 Cir., 250 F.2d 509.

Vacated and remanded.

WILBUR K. MILLER, Circuit Judge, dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The plaintiffs appeal from a directed verdict for the defendants in a suit for personal injuries by negligence. There is no material dispute about the facts.

A passenger 74 years old, with good eyesight, got off a bus in a terminal. Walking among a number of people, she did not see that she was on a ramp. She stepped off the ramp into an unoccupied bus bay or “well”. The ramp varied in width from S' 9" to 6' 6", and at its highest point was 8" above the ground. A yellow line was painted along the edge of the ramp, but there was no guard rail or chain, and no employee or lettered sign warned passengers of the well. As far as appears, there was no red light or red paint.

We think the case should have been submitted to the jury. Cf. Tobin v. Pennsylvania R. Co., 69 App.D.C. 262, 100 F.2d 435; Brown v. American Airlines, Inc., 5 Cir., 244 F.2d 128, 61 A.L.R.2d 1108; Greyhound Corporation v. Wilson, 5 Cir., 250 F.2d 509.

Vacated and remanded.

WILBUR K. MILLER, Circuit Judge, dissents.

Cite This Page — Counsel Stack

Bluebook (online)

269 F.2d 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ann-powell-and-mabel-p-lanyon-v-safeway-trails-inc-and-trailways-cadc-1959.

Opinion

Related

Cite This Page — Counsel Stack