District of Columbia v. Moulton
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This action was begun by the defendant in error in the Supreme Court of the District of Columbia. In substance he asserted in his declaration a right to recover from the District of Columbia a specified sum, upon the ground that by its negligence, on November 26,1896, he had sustained serious personal' injury.
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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This action was begun by the defendant in error in the Supreme Court of the District of Columbia. In substance he asserted in his declaration a right to recover from the District of Columbia a specified sum, upon the ground that by its negligence, on November 26,1896, he had sustained serious personal' injury. The negligence averred consisted in this, that for a space of two days prior to and including the date named the District had negligently and knowingly left upon a public highway known as Park street a large steam roller, which…
1Opinion of the CourtJustice White
That the District of Columbia is not an insurer of the safety of travelers upon its streets is, of course, unquestioned. This being so, we think the lower courts erred in upholding the liability of the District for the injuries sustained by the plaintiff, under the circumstances disclosed in the record.
The steam roller in question had been brought to the place where the accident occurred for a lawful purpose, viz., that of performing a duty enjoined upon the-District to keep in repair the streets subject to its control. The use of an appliance such as a steam roller was a necessary means to a…
2Cases cited11 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Pleasants v. FantSupreme Court of the United States · 1875
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Bowditch v. BostonSupreme Court of the United States · 1880
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3Cited by51 opinions
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- Knoxville Traction Co. v. BrownTennessee Supreme Court · 1905
- Marguerite Jamieson v. Woodward & LothropCourt of Appeals for the D.C. Circuit · 1957
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