White v. Postal Telegraph & Cable Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia upon a verdict directed by the court in an action originally brought before a justice of the peace. The Court in the opinion stated the case as follows: This is an appeal from a judgment in favor of the defendant-appellee, the Postal Telegraph & Cable Co. entered upon a verdict of the jury found by direction of the court.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia upon a verdict directed by the court in an action originally brought before a justice of the peace. The Court in the opinion stated the case as follows: This is an appeal from a judgment in favor of the defendant-appellee, the Postal Telegraph & Cable Co. entered upon a verdict of the jury found by direction of the court. The action was brought originally in a justice court, where judgment was given for the plaintiff, Charles White, and from that judgment an appeal was taken to the supreme…
1Opinion of the CourtJustice Duell
In passing, it may be said that in all the larger cities there-are now companies engaged in this line of service, and undoubtedly they are in a certain sense and to a certain extent common carriers. They must serve all who require their services impartially, and undoubtedly they are liable upon proof of neg*368.ligence, and under some circumstances, and always by special •contract, they may make themselves insurers.
It is strenuously contended by counsel for appellee that the action is wrong in form; that the action is ex contractu; that it ¡should have been an action ex delicto. He cites Sanford…
2Cases cited6 opinions
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
- American District Telegraph Co. v. WalkerCourt of Appeals of Maryland · 1890
- Chicago & Aurora Railroad v. ThompsonIllinois Supreme Court · 1858
- Hayes v. Wells, Fargo & Co.California Supreme Court · 1863
- Sanford v. American District Tel. Co.New York Court of Common Pleas · 1895
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3Cited by1 opinion
- Smith's Transfer & Storage Co. v. BatigneDistrict of Columbia Court of Appeals · 1943