Washington & Georgetown Railroad v. Hickey
Court of Appeals for the D.C. Circuit
Hearing on an appeal by one of two defendants from a judgment on verdict, in an action by a husband to recover damages for loss sustained by him for injuries to bis wife.
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Hearing on an appeal by one of two defendants from a judgment on verdict, in an action by a husband to recover damages for loss sustained by him for injuries to bis wife. The Court in its opinion stated the case as follows: This is an action by a husband, the present appellee, John P. Hickey, against two railroad companies, one of which is the present appellant, to recover for injuries received by the wife of the plaintiff, occasioned, as it is alleged, by the concurrent negligence of the defendants; the plaintiff claiming to recover by reason of the injury to the wife, for the loss of…
1Opinion of the CourtChief Justice Alvey
1. It is rather difficult to fully comprehend the ground upon which the first assignment of error is based. By the granting of the fourth prayer of the plaintiff, the jury were simply instructed that if, upon the whole evidence, they should find the plaintiff entitled to recover, they could find their verdict against both the defendants, or against one of *274them only, as they might find the evidence to justify. There was abundant evidence to be considered by the jury as to the negligence of both defendants; and this being an action of tort, the right of recovery was both joint and several. And…
2Cases cited9 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Washington & Georgetown Railroad v. HickeySupreme Court of the United States · 1897
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Matteson v. . New York Central RailroadNew York Court of Appeals · 1866
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3Cited by2 opinions
- Duggan v. KetoDistrict of Columbia Court of Appeals · 1989
- Athridge v. IglesiasDistrict Court, District of Columbia · 2005