Legal Opinion

District of Columbia v. Metropolitan Railroad

District of Columbia Court of Appeals

Decided March 24, 1896No. 442PublishedCited by 1 opinion

Hearing on cause transferred to this court from the Supreme Court of the District of Columbia by the act of Congress of August 2, 1894, for final determination.

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Hearing on cause transferred to this court from the Supreme Court of the District of Columbia by the act of Congress of August 2, 1894, for final determination. The Court in its opinion stated the case as follows : This is a cause specially referred to this court by an act of Congress of August 2, 1894 (28 Stat. 218), for the final adjustment and determination of a long pending litigation and controversy between the parties, and it has been referred to us to be determined as a case of original, not of appellate, jurisdiction. The record before us, however, is mainly the record of the…

1Opinion of the CourtJustice Morkis

1. By concession of counsel for the District of Columbia in open court in the hearing before us, it now appears that the claim of the District to the items in schedule D, for work in Georgetown amounting to $15,292.63, is without foundation; and that this sum in any event must be deducted •• from the demand of the District, which is thus reduced to the sum of $132,214.42. The work done on the streets of Georgetown specified, in this schedule had been done before, the railroad company had begun to occupy these streets in any manner; and when it did occupy them, it repaired the streets at its…

2Cases cited13 opinions

  1. Chicago v. SheldonSupreme Court of the United States · 1870
  2. Mattingly v. District of ColumbiaSupreme Court of the United States · 1878
  3. Johnston v. District of ColumbiaSupreme Court of the United States · 1886
  4. Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
  5. Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858

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3Cited by1 opinion

  1. Samuel Fisher, Mrs. Samuel Fisher v. Capital Transit CompanyCourt of Appeals for the D.C. Circuit · 1957

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