Legal Opinion

Margaret T. Calbreath, Individually and as Administratrix of James B. Calbreath, Deceased v. Capital Transit Company

Court of Appeals for the D.C. Circuit

Decided December 20, 1956No. 13041PublishedCited by 6 opinions

1Opinion of the Court

WASHINGTON, Circuit Judge.

This is an appeal from a judgment directing a verdict for the defendant upon the opening statement of plaintiff’s counsel in a suit based on negligence.

We have frequently pointed out that the rule which must guide the courts in such cases is that set forth in Best v. District of Columbia, 1934, 291 U.S. 411, at page 415, 54 S.Ct. 487, 489, 78 L.Ed. 882:

“The opening statement of counsel is ordinarily intended to do no more than to inform the jury in a general way of the nature of the action and defense so that they may better be prepared to understand the evidence. *…

2Cases cited24 opinions

  1. Best v. District of ColumbiaSupreme Court of the United States · 1934
  2. Dallas Railway & Terminal Co. v. FarnsworthTexas Supreme Court · 1950
  3. Chunn v. City & Suburban R. Co. of WashingtonSupreme Court of the United States · 1907
  4. Sheila Ilina Boland, Etc. v. J. Spencer LoveCourt of Appeals for the D.C. Circuit · 1955
  5. Brandenburg v. Pacific Gas & Electric Co.California Supreme Court · 1946

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

3Cited by6 opinions

  1. Ivar J. Queen v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 1988
  2. Bessie C. Lampka v. Wilson Line of Washington, Inc.Court of Appeals for the D.C. Circuit · 1963
  3. Jackson v. Yellow Cab CompanyCourt of Appeals of Maryland · 1960
  4. Glenna Frances Tuck, Administratrix of the Estate of George William Tuck, Deceased v. The Chesapeake and Ohio Railway Company, a CorporationCourt of Appeals for the Fourth Circuit · 1958
  5. Paz v. Sherwin-WilliamsDistrict Court, District of Columbia · 1996

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

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