Legal Opinion · Dissent

District of Columbia v. Washington Gas Light Co.

Court of Appeals for the D.C. Circuit

Decided March 6, 1911No. 2177Published

Hearing on an appeal by the plaintiff from a judgment of the' Supreme Court of the District of Columbia on a verdict directed by the court in an action to recover statutory penalties.

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Hearing on an appeal by the plaintiff from a judgment of the' Supreme Court of the District of Columbia on a verdict directed by the court in an action to recover statutory penalties. The Court in the opinion stated the facts as follows: This action was brought by appellant, District of Columbia, hereafter referred to as plaintiff, to recover from the defendant, The Washington Gas Light Company, a corporation, the sum of $2,900 as accrued penalties for failure to furnish gas of the illuminating power and purity required by law. The declaration alleges that the gas furnished by the defendant…

1DissentJustice Robb

I regret that I am unable to concur in that part of the opinion of the court to the effect that no violation of the law fixing the standard of illuminating power and purity of illuminating gas supplied by any company in this District can take place until after notice to such company of its default, when, quoting from the opinion, “the penalty immediately begins to run, and, if die defect be permitted to extend for the full period of a *474day, liability for one penalty will attach, and the company will be liable for a similar penalty for each succeeding day during which it permits the default to…

2Cases cited2 opinions

  1. State ex rel. Barton Co. v. Kansas City, Ft. S. & G. R.U.S. Circuit Court for the District of Western Missouri · 1887
  2. Ward v. Corporation of WashingtonU.S. Circuit Court for the District of District of Columbia · 1832

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