Washington Gas Light Co. v. District of Columbia
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. In July, 1879, Marietta M. Parker sued the District of 'Columbia to recover damages for an injury to her person, alleged to have been suffered from stepping into a certain “deep and dangerous hole” in the sidewalk of one of the streets of the city of "Washington. The declaration contained all the essential averments necessary to fix liability on the corporation.
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ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. In July, 1879, Marietta M. Parker sued the District of 'Columbia to recover damages for an injury to her person, alleged to have been suffered from stepping into a certain “deep and dangerous hole” in the sidewalk of one of the streets of the city of "Washington. The declaration contained all the essential averments necessary to fix liability on the corporation. Prior to the bringing of the suit, when Mrs. Parker first made demand against the District, the latter notified the "Washington Gas Light Company, spoken of hereafter as the Gas…
1Opinion of the Court
Mr. Justice White,
after stating the case, .delivered the opinion of the court.
The questions raised by the various assignments of error are, First, did the legal obligation primarily rest on the Gas Company to repair and keep the gas box in good order ? Second, was that company liable over to the District in consequence of its failure to do so ? Third, was the testimony of Smith, the witness in the original suit, admissible ? Fourth, was the judgment rendered against the District conclusive against the Gas Company? '
We will consider these questions in the order stated.
First. Did the 'legal…
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