Legal Opinion

Milstead v. District of Columbia

District of Columbia Court of Appeals

Decided August 22, 1952No. 1231PublishedCited by 2 opinions

1Opinion of the Court

CAYTON, Chief Judge.

The District of Columbia sued Earl E. Milstead for damages sustained by one of its ambulances when struck by a tractor-truck owned by Milstead. Trial was had without a jury and resulted in finding and judgment in favor of plaintiff, and in this appeal by defendant.

Defendant’s first contention is that “the trial court erred in holding that his motor vehicle was operated at the time of the accident with his consent, actual or implied, in contemplation of the Automobile Financial Responsibility Law.” Code, 1940, 40-403. 1

The cited statute casts the burden of proof as to the…

2Cases cited5 opinions

  1. Rosenberg v. MurrayCourt of Appeals for the D.C. Circuit · 1940
  2. Hiscox v. JacksonCourt of Appeals for the D.C. Circuit · 1942
  3. Conrad v. PorterDistrict of Columbia Court of Appeals · 1951
  4. Marchetti v. OlyowskiCourt of Appeals for the D.C. Circuit · 1950
  5. Bill's Auto Rental, Inc. v. Bonded Taxi Co.District of Columbia Court of Appeals · 1950

3Cited by2 opinions

  1. Lancaster v. CanuelDistrict of Columbia Court of Appeals · 1963
  2. Simon v. DewDistrict of Columbia Court of Appeals · 1952

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