Ross v. Washington Railway & Electric Co.
Court of Appeals for the D.C. Circuit
Hearing on appeal by tbe plaintiff from a judgment of tbe 'Supreme Court of tbe District of Columbia upon a verdict •directed by tbe court in an action to recover damages for personal injuries. The Court in tbe opinion stated the facts as follows: Tbe appellant, Janet Ross, sued tbe appellee, Washington Railway & Electric Company, for damages for injuries received in crossing tracks where tbe street bad been torn up.
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Hearing on appeal by tbe plaintiff from a judgment of tbe 'Supreme Court of tbe District of Columbia upon a verdict •directed by tbe court in an action to recover damages for personal injuries. The Court in tbe opinion stated the facts as follows: Tbe appellant, Janet Ross, sued tbe appellee, Washington Railway & Electric Company, for damages for injuries received in crossing tracks where tbe street bad been torn up. Plaintiff testified that she lived at 1303 N street, N. W., on and before August 2,1909; was a'clerk in tbe War Department. Her usual route to and from her home to tbe…
1Opinion of the CourtChief Justice Shepard
Whilst the learned trial justice stated there was nothing to< go to the jury upon the question of liability, he expressly declared that as matter of law the plaintiff was guilty of contributory negligence in attempting to cross where conditions of danger were obvious. Necessarily, before the question of plaintiff’s contributory negligence can be material, there must be-evidence tending to show negligence on the part of defendant.
The argument on the part of the plaintiff, assuming that the evidence required the submission of that issue to the jury, is exclusively devoted to the discussion of…
2Cases cited1 opinion
- Mosheuvel v. District of ColumbiaSupreme Court of the United States · 1903
3Cited by1 opinion
- Samuel Fisher, Mrs. Samuel Fisher v. Capital Transit CompanyCourt of Appeals for the D.C. Circuit · 1957