Baltimore & Potomac Railroad v. Webster
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment on verdict’in an action to recover damages for personal injuries. At the trial, the plaintiff requested two instructions to the jury, both of which were granted over the objection of defendant, as follows: “1. If the jury believe from the evidence that the plaintiff, in attempting to run around an engine or train approaching 9th street from the west at or about the time of the accident, was exercising that degree of care…
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Hearing on an appeal by the defendant from a judgment on verdict’in an action to recover damages for personal injuries. At the trial, the plaintiff requested two instructions to the jury, both of which were granted over the objection of defendant, as follows: “1. If the jury believe from the evidence that the plaintiff, in attempting to run around an engine or train approaching 9th street from the west at or about the time of the accident, was exercising that degree of care which, under like circumstances, would reasonably be expected of one of his years and capacity, and that he was…
1Opinion of the CourtChief Justice Alvey
This is an action by the plaintiff, Joseph W. Webster, for personal injuries suffered by him, occasioned, as he alleges, by the negligence of the defendant company. The accident occurred on the nth of December, 1884, when the plaintiff was a boy less than twelve years of age. The case was tried in the court below in January, 1895, after the plaintiff had nearly attained his twenty-second year of age. The trial resulted in a verdict and judgment for the plain-’ tiff, and the defendant has appealed.
The accident producing the injury happened on Maryland avenue in this city, between Eighth and…
2Cases cited6 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Evanston v. GunnSupreme Court of the United States · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Alston v. Baltimore & Ohio RailroadDistrict Court, District of Columbia · 1977
- Ward v. S. Kann & Sons Co.District of Columbia Court of Appeals · 1946