Washington, Alexandria, & Mt. Vernon Railway Co. v. Lukens
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, in an action to recover damages for personal injuries. Tbe Court in tbe opinion stated tbe facts as follows: Tbis action was begun by tbe appellee, Mary Lukens, to recover damages of tbe Washington, Alexandria, & Mt. Vernon Railway Company for injuries sustained by ber, as tbe result of a collision of cars. Tbe declaration is in two counts.
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, in an action to recover damages for personal injuries. Tbe Court in tbe opinion stated tbe facts as follows: Tbis action was begun by tbe appellee, Mary Lukens, to recover damages of tbe Washington, Alexandria, & Mt. Vernon Railway Company for injuries sustained by ber, as tbe result of a collision of cars. Tbe declaration is in two counts. Tbe first count alleges that plaintiff entered tbe car as a passenger at Mount Vernon station, to be carried to Alexandria on March 11,…
1Opinion of the CourtChief Justice Shepard
1. We are of the opinion that the second count of the declaration states a good cause of action. It sets out the relation of carrier and passenger; the duty of the defendant arising out of that relation; the negligent performance of that duty; and alleges that the exposure of the plaintiff to the cold and the contraction of disease were the consequence of the defendant’s negligence. The action is not for the breach of the contract of carriage, but for the wrong done through the failure of the defendant to perform its duty. The declaration is in tort, and not on contract; and the sufficiency…
2Cases cited13 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Raub v. CarpenterSupreme Court of the United States · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
- Helen Hanna, Cicero Hanna v. Annie C. Fletcher, Trustee of Estate of Florence Johnson, Benjamin F. Fletcher, and Fred S. Gichner Iron Works, Inc.Court of Appeals for the D.C. Circuit · 1956
- Shewmaker v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1944
- Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953
7 more not listed; retrieve them via the Exa API.