Washington Railway & Electric Co. v. Dittman
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, in an action to recover damages for tbe death of tbe plaintiff’s intestate.
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, in an action to recover damages for tbe death of tbe plaintiff’s intestate. Tbe Court in tbe opinion stated tbe facts as follows: Appeal from a judgment in tbe supreme court of tbe District upon a verdict for tbe plaintiff, Charles F. Dittman, administrator of tbe estate of Frederick W. Dittman, deceased, appellee here, in an action.for damages growing out of tbe death of tbe plaintiff’s intestate while a passenger on one of appel-' lant’s electric cars. In liis declaration…
1Opinion of the CourtJustice Pobb
We think that under the averments of the declaration the plaintiff was properly allowed not only to show that the accident occurred as-alleged, but the conditions surrounding the curve. As observed by the learned trial justice, a different degree of caz*e must be exercised in going around a very abzmpt curve than in rounding a hardly perceptible one. So, too, if the track was very uneven on a curve, a different degree of care might be necessary than would be z*equired in rounding a curve whezn conditions wez’e different.
It is proper to, permit upon cross-examination the bringing out of…
2Cases cited3 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Wills v. RussellSupreme Court of the United States · 1880
- Cate v. Fife & ChildSupreme Court of Vermont · 1907
3Cited by7 opinions
- Chambers v. United StatesDistrict of Columbia Court of Appeals · 1989
- Mintz v. Premier Cab Ass'nCourt of Appeals for the D.C. Circuit · 1942
- Smith v. United StatesDistrict of Columbia Court of Appeals · 1974
- Jim B. Edmonds v. United StatesCourt of Appeals for the D.C. Circuit · 1958
- Brennan v. JonesDistrict of Columbia Court of Appeals · 1962
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