Baltimore & Potomac Railroad v. Golway
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment on verdict in an action for damages for death by alleged wrongful act.
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Hearing on an appeal by the defendant from a judgment on verdict in an action for damages for death by alleged wrongful act. The Court in its opinion stated the case as follows : This is an appeal from a judgment recovered by the administrator of the estate of William Golway, deceased, against the appellant, for the negligent killing of said intestate, at a point on its railway in the city of Washington, June 11, 1888. The accident occurred on the railway track in Water street, or what would be Water street if improved, at a point between what would be East 14th and East 15th streets, if…
1Opinion of the CourtJustice Shepard
1. The first error complained of is the refusal of the court to instruct the jury to return a verdict for the defendant. The case was one proper to be submitted to the jury, and the court did not err in refusing the instruction. As the judgment must be reversed for an error in the charge, and the case remanded for another trial, we do not think it advisable to review the evidence or to express any opinion with respect thereto, further than to say that it does not present a case where “ but one reasonable view can be taken of the evidence and of its every intendment, and that view is utterly…
2Cases cited28 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
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3Cited by9 opinions
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- Bodrug v. United StatesCourt of Appeals for the Tenth Circuit · 1987
- Olson v. Olson EstateSouth Dakota Supreme Court · 2008
- Bodrug v. United StatesCourt of Appeals for the Tenth Circuit · 1987
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