Tacoma Ry. & Power Co. v. Hays
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This cause is brought’into this court on writ of error to reverse a judgment of the circuit court for the district of Washington, Western division, awarding the plaintiff (defendant in error) the sum of $2,500 as damages for injuries received from the negligent operation of a street ear by the defendant. 106 Fed. 48. It appears from the evidence given at the trial of…
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In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This cause is brought’into this court on writ of error to reverse a judgment of the circuit court for the district of Washington, Western division, awarding the plaintiff (defendant in error) the sum of $2,500 as damages for injuries received from the negligent operation of a street ear by the defendant. 106 Fed. 48. It appears from the evidence given at the trial of the case that the plaintiff was a farmer, living some distance from the city of Tacoma, in Washington, and was in the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The assignments of error present but two questions for determination: (x) Did the court err in allowing the introduction of certain impeaching evidence? (2) Did the court err in submitting the case to the jury upon the evidence ?
1. The particular testimony sought to be impeached was given by one F. E. Gray, a witness called for the plaintiff, who testified that he saw the accident in question, and that the car was going at a speed of about xo or 12 miles an hour. He was then questioned as follows by plaintiff’s attorney:
“Q. Did you not tell me, at your…
2Cases cited13 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hickory v. United StatesSupreme Court of the United States · 1894
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Di Carlo v. United StatesCourt of Appeals for the Second Circuit · 1925
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- Curtis v. United StatesCourt of Appeals for the Tenth Circuit · 1933
- Sneed v. United StatesCourt of Appeals for the Fifth Circuit · 1924
- Indianapolis Street Railway Co. v. BolinIndiana Court of Appeals · 1906
16 more not listed; retrieve them via the Exa API.