Legal Opinion

Capital Transit Co. v. Crusade

District of Columbia Court of Appeals

Decided July 12, 1949No. 816PublishedCited by 4 opinions

1Opinion of the Court

CLAGETT, Associate Judge.

This appeal, representing the second time the case has been before this court, involves the distinction between the function of a trial judge in considering a motion for judgment notwithstanding a verdict of a jury and his function in considering a motion for a new trial. There is no doubt that such a distinction exists, at least in the federal practice which governs us here. The distinction has not been followed in the present case, with the result that a second reversal of the trial court’s action is necessary.1

*208The suit arose as a negligence action by a passenger on…

2Cases cited10 opinions

  1. Gunning v. CooleySupreme Court of the United States · 1930
  2. ætna Casualty & Surety Co. v. YeattsCourt of Appeals for the Fourth Circuit · 1941
  3. Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
  4. Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
  5. Garrison v. United StatesCourt of Appeals for the Fourth Circuit · 1932

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3Cited by4 opinions

  1. Rich v. District of ColumbiaDistrict of Columbia Court of Appeals · 1979
  2. Lyons v. BarrazottoDistrict of Columbia Court of Appeals · 1995
  3. Quick v. ParegolDistrict of Columbia Court of Appeals · 1949
  4. Myles v. PolinDistrict Court, District of Columbia · 2009

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