Capital Traction Co. v. Divver
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the 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: This is an appeal from a verdict and judgment in the sum of $300 for personal injuries sustained by appellee, H. Diwer, plaintiff below, as the result, as he claims, of the negligence of appellant, the Capital Traction Company, defendant below.
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Hearing on an appeal by the 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: This is an appeal from a verdict and judgment in the sum of $300 for personal injuries sustained by appellee, H. Diwer, plaintiff below, as the result, as he claims, of the negligence of appellant, the Capital Traction Company, defendant below. On the morning of September 5, 1907, appellee was driving a team composed of two horses and a wagon, heavily loaded with…
1Opinion of the CourtJustice Robb
It may be conceded that there is a reciprocal duty resting upon a street railroad and the public in the use of the streets, and that neither may, with impunity, ignore the rights of the other. We shall assume that the appellee, on the occasion of this accident, was guilty of contributory negligence in driving upon the defendant’s track in the manner he did. The point where he saw the motorman slacken the speed of the car was not a stopping place, and the appellee had no right to assume that the car would stop there; but it by no means follows, in our view of the evidence, that reasonable…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Mobile & O. R. v. WilsonCourt of Appeals for the Seventh Circuit · 1896
3Cited by3 opinions
- Jackson v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1938
- MacDonald ex rel. Emmco Ins. Co. v. Capital Transit Co.District of Columbia Court of Appeals · 1943
- Stewart v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1939