Washington Railway & Electric Co. v. Upperman
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action to recover damages for tbe death of plaintiff’s intestate.
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Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action to recover damages for tbe death of plaintiff’s intestate. The Court in the opinion stated the facts as follows: This suit was brought in the supreme court of tbe District of Columbia by appellee, Samuel K. Upperman, plaintiff below, to recover damages for tbe death of bis father, Horace W. Upperman, who was struck and killed by one of defendant company’s cars while crossing defendant’s tracks at tbe intersection of Ninth and E streets, northwest, in this city. From a…
1Opinion of the CourtJustice Van Okkdel
The assignments of error, aside from one based upon the refusal of the court to instruct a A'erdict for defendant, which need not be considered, and another claiming that the amount of the verdict was excessive, relate to the giving of certain prayers requested by counsel for plaintiff and the refusal of certain prayers requested by counsel for defendant'. Objection is made to the granting of a prayer on behalf of plaintiff to the effect that, if the motorman failed to sound his gong and the circumstances were such that ordinary prudence demanded it, or failed to have his car under proper…
2Cases cited3 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Wilson v. EverettSupreme Court of the United States · 1891
- Missouri Pacific Railway Co. v. Chicago & Alton RailroadSupreme Court of the United States · 1889
3Cited by5 opinions
- Jackson v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1938
- Frasca v. Howell Woltz v. HowellCourt of Appeals for the D.C. Circuit · 1950
- Gardner v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1945
- Capital Transit Co. v. GrimesCourt of Appeals for the D.C. Circuit · 1947
- Ramsey v. RossCourt of Appeals for the D.C. Circuit · 1936