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BYRD v. DIECK

No. 3037.

184 A.2d 848 (1962)

Elijah BYRD and Calvert Fire Insurance Company, Appellants, v. Rolf DIECK, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided October 10, 1962.

Attorney(s) appearing for the Case

Hyman L. Rosenberg, Washington, D. C., with whom Sol Friedman and Leonard L. Lipshultz, Washington, D. C., were on the brief, for appellants.

Thomas V. Moore, Washington, D. C., for appellee.

Before QUINN and MYERS, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776(b).

QUINN, Associate Judge.

This case involved an automobile collision which occurred in the early hours of the morning on the Baltimore-Washington Expressway. According to the statement of proceedings and evidence, appellee "dozed off" and collided with the vehicle in front of him; his car was then struck by appellant's automobile. Appellant and his insurance carrier brought this action for property damage. The trial judge, sitting without a jury, entered judgment for...

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