Fleming v. Capital Traction Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a judgment of tbe Supreme Court of tbe District of Columbia sustaining a plea in abatement to tbe declaration in an action to recover damages for tbe alleged killing of tbe plaintiff’s intestate. Tbe facts are stated in tbe opinion.
1Opinion of the CourtJustice Kobb
This is an appeal from a judgment in the supreme court of the District in favor of the defendant, the Capital Traction Company, appellee here, upon the issue joined on defendant’s plea in abatement.
The facts developed by the pleadings are substantially as follows: John Fleming died on October 16, 1909, as the result of •an injury received in the machine and repair shop of the defendant. On October 29th, following, letters of administration upon the estate were duly issued to Amalia A. Fleming, wife •of the decedent and the plaintiff herein, and John Fleming, a son. On the same day an order…
2Cases cited5 opinions
- In re Estate of GriffithCalifornia Supreme Court · 1890
- Kane v. PaulSupreme Court of the United States · 1840
- Munroe v. PeopleIllinois Supreme Court · 1882
- Allen v. KellamSupreme Court of Alabama · 1881
- In re HamiltonCalifornia Supreme Court · 1868
3Cited by7 opinions
- William J. Emmett, Administrator of the Estate of Joseph N. Emmett v. Eastern Dispensary and Casualty HospitalCourt of Appeals for the D.C. Circuit · 1967
- Strother v. District of ColumbiaDistrict of Columbia Court of Appeals · 1977
- Thomas v. DoyleCourt of Appeals for the D.C. Circuit · 1950
- Harris v. EmbreyCourt of Appeals for the D.C. Circuit · 1939
- Cole, Raywid & Braverman v. Quadrangle Development Corp.District of Columbia Court of Appeals · 1982
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