Coates v. District of Columbia
District of Columbia Court of Appeals
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia sustaining a demurrer to the declaration in an action to recover damages for injury to property alleged to have been caused by the negligence of the agents and employees of the defendant, and the plaintiff electing not to amend, dismissing the action.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia sustaining a demurrer to the declaration in an action to recover damages for injury to property alleged to have been caused by the negligence of the agents and employees of the defendant, and the plaintiff electing not to amend, dismissing the action. The Court in the opinion stated the facts as follows: The declaration of the plaintiff, Leonard B. Coates, appellant, against the District of Columbia, claimed damages upon the following allegations: That plaintiff is a farmer living in Prince…
1Opinion of the CourtChief Justice Shepard
The learned trial justice committed no error in sustaining the demurrer. He was guided by the rule which has been pronounced in previous decisions of this court. Brown v. District of Columbia, 29 App. D. C. 273, 282, 25 L.R.A. (N.S.) 98; District of Columbia v. Tyrrell, 41 App. D. C. 463.
In those cases—the first relating to defective conditions in a fire-engine house, and the second to the escape of gas in a public-school building—the distinction was noted between the two kinds of powers and duties with which municipal corporations are charged; the one merely municipal for special local…
2Cases cited6 opinions
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Ulrich v. City of St. LouisSupreme Court of Missouri · 1892
- Bryant v. City of St. PaulSupreme Court of Minnesota · 1885
- Tower v. MooreSupreme Court of Missouri · 1873
- County of Louisa v. Yancey's TrusteeSupreme Court of Virginia · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pearson v. Kansas CitySupreme Court of Missouri · 1932
- Calomeris v. District of ColumbiaDistrict Court, District of Columbia · 1954
- Adams v. District of ColumbiaDistrict of Columbia Court of Appeals · 1956