Hines v. District of Columbia
District of Columbia Court of Appeals
STATEMENT OE THE CASE. The declaration reads as follows : “ The plaintiff sues the defendant for that, heretofore, to wit, prior to the 1st day of February, 1874, the Board of Fire Commissioners of said District duly appointed the said Thomas H. Hines, then in full life, to the place of private in the Fire Department of said District, which said place, by provision of law, was for and during good behavior, and for and at the annual compensation of $720, and being so…
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STATEMENT OE THE CASE. The declaration reads as follows : “ The plaintiff sues the defendant for that, heretofore, to wit, prior to the 1st day of February, 1874, the Board of Fire Commissioners of said District duly appointed the said Thomas H. Hines, then in full life, to the place of private in the Fire Department of said District, which said place, by provision of law, was for and during good behavior, and for and at the annual compensation of $720, and being so appointed he, the said Thomas H. Hines, was then and there duly qualified, received into said place, and entered upon the due…
1Opinion of the CourtJustice Cox
After stating the case, he proceeded :
A general demurrer is filed, and one of the points noted for argument is, that the wrong complained of is a tort to the person which does not survive. The only torts to the person that we are familiar with are torts.involving physical violence to the person, or nuisances affecting personal health or comfort or injuries to the reputation. It is evident that none of these is the gravamen of this case ; it is not brought for any physical injury to the person, but for injury to property and contract rights. The allegations *146essential in an action of this kind…
2Cases cited1 opinion
- Hadley v. . MayorNew York Court of Appeals · 1865
3Cited by3 opinions
- Bilanow v. United StatesUnited States Court of Claims · 1962
- Elizabeth L. Bilanow, Administratrix of the Estate of Herman David Levinson, Deceased. v. The United StatesUnited States Court of Claims · 1963
- Elizabeth L. Bilanow, Administratrix of the Estate of Herman David Levinson, Deceased. v. The United StatesUnited States Court of Claims · 1963