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KLENK v. CAPITAL TRANSIT COMPANY

No. 2082.

139 A.2d 275 (1958)

Etta KLENK and Frederick Klenk, Appellants, v. CAPITAL TRANSIT COMPANY, a corporation, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided March 5, 1958.

Attorney(s) appearing for the Case

Ralph H. Deckelbaum, Washington D. C., with whom Bernard Margolius, Washington, D. C., and Ben Greenspoon were on the brief, for appellants.

Francis L. Casey, Jr., Washington, D. C., with whom Frank F. Roberson, Washington, D. C., was on the brief, for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

ROVER, Chief Judge.

The granting of a motion made at pretrial to dismiss a complaint alleging the negligent operation of defendant's streetcar is the basis for this appeal.

Suit was brought by plaintiffs Etta Klenk and her husband for personal injuries allegedly sustained by Mrs. Klenk while riding as a passenger on defendant's streetcar. According to the complaint and Mrs. Klenk's deposition taken by defendant and presumably considered at pre-trial, the plaintiff...

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