Legal Opinion

Brennan Construction Co. v. Cumberland

District of Columbia Court of Appeals

Decided May 7, 1907No. 1761PublishedCited by 6 opinions

Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia on verdict in an action to recover damages for injury to property.

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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia on verdict in an action to recover damages for injury to property. The Court in the opinion stated the facts as follows: Appeal from a judgment of the supreme court of the District of Columbia, on a verdict for plaintiffs, Robert C. Cumberland and John Otis, trading as John Cumberland & Son, appellees here, for injuries to their boats and other property from petroleum residuum and coal tar, which they alleged defendant, the Brennan Construction Company, a corporation, appellant here,…

1Opinion of the Court

Mr. Justiee Robb

delivered the opinion of the Court:

The first assignment of error relates to the contention that the escape of oil from appellants’ tanks was not the proximate cause of the injury. We can find no merit in this assignment. It is a generally accepted and natural law that liquid substances flow down hill. It is in evidence in this case that petroleum residuum is lighter than, and will therefore float upon, water. Considering the location of defendant’s premises upon the banks of the river, the location of the oil tanks above and near the river, the fact that the premises of the…

2Cases cited11 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
  3. Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
  4. Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
  5. Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. National Telephone Cooperative Ass'n v. Exxon Corp.District Court, District of Columbia · 1998
  2. Maier v. Publicker Commercial Alcohol Co.District Court, E.D. Pennsylvania · 1945
  3. Nnadili v. Chevron U.S.A. Inc.District Court, District of Columbia · 2006
  4. Daily v. Exxon Corp.District Court, District of Columbia · 1996
  5. United States v. Georgetown UniversityDistrict Court, District of Columbia · 1971

1 more not listed; retrieve them via the Exa API.

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