Capital Traction Co. v. Apple
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action to recover damages for the alleged negligent killing of the plaintiff’s intestate.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action to recover damages for the alleged negligent killing of the plaintiff’s intestate. The Court in the opinion stated the facts as follows: This action was brought by the administrator, Theodore T. Apple, to recover damages for an act of negligence by the Capital Traction Company resulting in the death of his intestate, Hugh L. Apple.' The testimony on behalf of the plaintiff tended to show the following facts: Hugh L. Apple was about thirty-six years old on December…
1Opinion of the Court
Mr.. Chief Justice Shepard
delivered the opinion of the Court:
1. We are of the opinion that it was not error to refuse to direct the jury to find for. the defendant, and shall not consume time with a review of the evidence. If the defendant’s car was being run at an unlawful rate of speed it was for the jury to say whether that was the proximate cause of the injury. That plaintiff’s intestate did not stop, look, and listen before crossing the track in a city street would not warrant the conclusion of contributory negligence as a matter of law. City & Suburban R. Co. v. Cooper, 32 App. D. C.…
2Cases cited11 opinions
- Baltimore Traction Co. v. HelmsCourt of Appeals of Maryland · 1897
- Ryan v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1900
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
- United Railways & Electric Co. v. WatkinsCourt of Appeals of Maryland · 1905
- Marden v. Portsmouth, Kittery & York Street RailwaySupreme Judicial Court of Maine · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
- Jackson v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1938
- Peigh v. Baltimore & O. R. CoCourt of Appeals for the D.C. Circuit · 1953
- Danzansky v. ZimbolistCourt of Appeals for the D.C. Circuit · 1939
- MacDonald ex rel. Emmco Ins. Co. v. Capital Transit Co.District of Columbia Court of Appeals · 1943
1 more not listed; retrieve them via the Exa API.