District of Columbia v. Robinson
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action against the District of Columbia for trespass on the land of the plaintiffs and the removal of gravel therefrom.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action against the District of Columbia for trespass on the land of the plaintiffs and the removal of gravel therefrom. The Court in its opinion stated the case as follows: This action was begun by Conway Robinson, senior, against the District of Columbia, on February 28, 1882, to recover damages for an entry upon plaintiff's land and the removal therefrom of a quantity of gravel of the alleged value of $10,000. The death of the plaintiff was suggested on February 18, 1884,…
1Opinion of the CourtJustice Shepard
The case was submitted to the jury with an elaborate charge, and twenty-eight assignments of error have been presented, upon exceptions taken to instructions both given and refused. As disclosed 'by the special instructions asked by defendant its special plea in bar is founded upon three separate claims-of public highway, any one of which the jury were told would be sufficient if established, namely: (1) By long user, survey, plat, record, and repair at public expense as provided in the Act of Congress of May 3, 1862; (2) by prescription; (3) by dedication.
1. In submitting the first ground of…
2Cases cited24 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Oliver v. HookCourt of Appeals of Maryland · 1877
- Cox v. ForrestCourt of Appeals of Maryland · 1883
- Shellhouse v. StateIndiana Supreme Court · 1887
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