# Childs v. Radzevich

> District Court, District of Columbia · December 6, 1943 · 139 F.2d 374

URL: https://www.frixlaw.com/law-library/cases/6887677

## Case

- **Full name:** CHILDS v. RADZEVICH
- **Court:** District Court, District of Columbia
- **Decided:** December 6, 1943
- **Citations:** 139 F.2d 374; 78 U.S. App. D.C. 235; 1943 U.S. App. LEXIS 2291
- **Precedential status:** Published
- **Opinion:** Concurrence by Arnold
- **Judges:** Arnold, Groner, Miller
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6887677

## Opinion text

ARNOLD, Associate Justice.
I concur but I do not think that the majority opinion sufficiently brings out the capricious and arbitrary character of the ruling of the court below directing a verdict for the defendant. Defendant was driving forty miles an hour at night, and in the rain. He put on additional speed in crossing another highway in disregard of a stop sign. In the absence of some contradictory testimony or some excuse, such conduct constitutes gross negligence. I cannot agree with the majority opinion in so far as it intimates that any other conclusion is possible on the evidence before us.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6887677. Public record. Not legal advice.