Capital Traction Co. v. Crump
District of Columbia Court of Appeals
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 personal injuries, and also for injuries to personal property.
Read the full summary
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 personal injuries, and also for injuries to personal property. The Court in the opinion stated the facts as follows: This action was brought by Bettie B. Crump against the Capital Traction Company to recover damages for personal injuries, and the destruction of an automobile, occasioned by collision with a car of defendant in Seventh street, on May 7, 1907. The defendant has two tracks along the middle of Seventh street. The clear space…
1ConcurrenceJustice Van Orsdel
I concur with my associates in the conclusion that the judgment of the court below should be affirmed. I must, however, dissent from that portion of the opinion which declares that, “while it is the duty of everyone under ordinary circumstances to use his eyes and ears amid conditions of danger, the failure to look and listen before entering upon a street-car track does not constitute negligence as matter of law. Capital Traction Co. v. Apple, 34 App. D. C. 559. Negligence in this respect depends upon the circumstances of the particular case, and is for the determination of the jury.” The…
2Cases cited39 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Maryland Central Railroad v. NeubeurCourt of Appeals of Maryland · 1884
34 more not listed; retrieve them via the Exa API.