Georgetown & Tennallytown Railway Co. v. Smith
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia upon the verdict of a jury in an action to recover damages for death by wrongful act. The Court in the opinion stated the case as follows: This is an appeal from a judgment entered upon the verdict of the jury in favor of the appellee, Elizabeth B. Smith, the plaintiff below, for the sum of $9,000, with interest from January 22, 1904, and for costs.
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Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia upon the verdict of a jury in an action to recover damages for death by wrongful act. The Court in the opinion stated the case as follows: This is an appeal from a judgment entered upon the verdict of the jury in favor of the appellee, Elizabeth B. Smith, the plaintiff below, for the sum of $9,000, with interest from January 22, 1904, and for costs. The suit was brought to recover the sum of $10,000, damages accruing by reason of the negligence of the defendant, which resulted in the death…
1Opinion of the CourtJustice Duell
delivered tbe opinion of tbe Court:
Tbe alleged errors will be considered in order.
1. Tbe first error is based upon tbe refusal of tbe court to instruct tbe jury that upon the whole evidence in tbe case tbe verdict should be for tbe defendant. It is insisted that it was error to refuse this instruction, first, because of a fatal defect in tbe pleadings, and, second, on account of contributory negligence. Tbe first point grows out of tbe fact that tbe District of Columbia was joined as a defendant, and that upon motion made tbe court directed a verdict in its favor which left tbe railway…
2Cases cited9 opinions
- Powers v. City of BostonMassachusetts Supreme Judicial Court · 1891
- Geitz v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1888
- Miller v. St. Louis RailroadMissouri Court of Appeals · 1878
- Spencer v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1863
- Coggeshall v. Home for Friendless ChildrenSupreme Court of Rhode Island · 1894
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