Metropolitan Railroad v. Jones
Court of Appeals for the D.C. Circuit
Hearing on a motion by the defendant for a new trial on a bill of exceptions, in an action brought to recover damages for personal injuries. The Court in its opinion stated the case as follows: This is an appeal by defendant from a judgment for $1,500 recovered by plaintiff in an action for injuries received by her April 1, 1888, in attempting to alight from one of defendant’s horse cars in the city of Washington.
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Hearing on a motion by the defendant for a new trial on a bill of exceptions, in an action brought to recover damages for personal injuries. The Court in its opinion stated the case as follows: This is an appeal by defendant from a judgment for $1,500 recovered by plaintiff in an action for injuries received by her April 1, 1888, in attempting to alight from one of defendant’s horse cars in the city of Washington. The evidence on behalf of plaintiff tended to show that the car on which she was a passenger stopped at the corner of Tenth and F streets, to let off and take on passengers; that as…
1Opinion of the CourtJustice Shepard
The errors assigned embrace three propositions which will be considered in their order.
*2031. The first error assigned is, that “the court erred in directing the jury that they might find a verdict for plaintiff, without finding as a fact the specific negligence alleged in the declaration to have been committed, but upon evidence of other negligence not alleged.”
It is unquestionably true, as claimed by appellant, that where a distinct charge of negligence is made, the right to recover must depend upon the proof thereof, and no recovery can be had upon any other ground not alleged in the…
2Cases cited4 opinions
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
- Edens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Louisville & Nashville Railroad v. WatsonSupreme Court of Alabama · 1890
- Flint & Pere Marquette Railway Co. v. StarkMichigan Supreme Court · 1878
3Cited by7 opinions
- Washington Hospital Center v. ButlerCourt of Appeals for the D.C. Circuit · 1967
- Hill Ex Rel. Greer v. McDonaldDistrict of Columbia Court of Appeals · 1982
- Danzansky v. ZimbolistCourt of Appeals for the D.C. Circuit · 1939
- Arlene B. Becker v. Colonial Parking, Inc.Court of Appeals for the D.C. Circuit · 1969
- Mary Schaller and Waldemar T. Schaller v. Capital Transit Company, a CorporationCourt of Appeals for the D.C. Circuit · 1956
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