Washington Utilities Co. v. Wadley
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 alleged personal injuries. The Court in the opinion stated the facts as follows: Appeal from a verdict and judgment for the plaintiff, Mack Wadley, appellee here, in the supreme court of the District in an action for personal injuries.
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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 alleged personal injuries. The Court in the opinion stated the facts as follows: Appeal from a verdict and judgment for the plaintiff, Mack Wadley, appellee here, in the supreme court of the District in an action for personal injuries. The evidence of both parties clearly showed that the accident occurred south of the Tidal basin in Potomac park, and just west of one of the bridges over the easterly outlet to the basin. The Southern Railroad…
1Opinion of the CourtJustice Robb
The first assignment of error relates to the refusal of the court to direct a verdict for the defendant at the close of plaintiff’s evidence. By proceeding to introduce testimony in its own behalf, the defendant waived its right further to press this motion. McCabe & S. Constr. Co. v. Wilson, 209 U. S. 275, 52 L. ed. 788, 28 Sup. Ct. Rep. 558. But the ruling clearly was right, for, accepting -the plaintiff’s evidence as true, the motorman either saw, or by the exercise of reasonable care should have seen, him in ample time to' have prevented the accident.
Plaintiff’s declaration alleged that…
2Cases cited5 opinions
- Campbell v. United StatesSupreme Court of the United States · 1912
- McCabe & Steen Construction Co. v. WilsonSupreme Court of the United States · 1908
- Horowitz v. Hamburg-American Packet Co.Appellate Terms of the Supreme Court of New York · 1896
- Union Pac. Ry. Co. v. JonesCourt of Appeals for the Eighth Circuit · 1892
- Chicago & Eastern Illinois Railroad v. FillerIllinois Supreme Court · 1902
3Cited by3 opinions
- Alamo v. Del RosarioCourt of Appeals for the D.C. Circuit · 1938
- American Marietta Co. v. GriffinDistrict of Columbia Court of Appeals · 1964
- Harrington v. AlstonDistrict Court, District of Columbia · 1967