Legal Opinion

McDermott v. Severe

Court of Appeals for the D.C. Circuit

Decided April 4, 1905No. 1464PublishedCited by 12 opinions

Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia upon tbe verdict of a jury in an action by an infant to recover damages for personal injuries. The Court in tbe opinion stated tbe case as follows: This is an appeal from a judgment in an action for personal injuries.

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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia upon tbe verdict of a jury in an action by an infant to recover damages for personal injuries. The Court in tbe opinion stated tbe case as follows: This is an appeal from a judgment in an action for personal injuries. Plaintiff, Charles Erickson Severe, then a child of seven years, lived with his father, William B. Severe, near tbe line of tbe double track electric railway, between Biverdale and Washington, operated by defendant as receiver of tbe City & Suburban Bailway Company. Plaintiff’s…

1Opinion of the CourtChief Justice Shepard

It is conceded, by reason of the special findings of the jury, ■that the defendant was guilty of negligence, not only in the construction and maintenance of the crossing, but also in the management and control of the car; that error in the instructions upon both points must be shown in order to obtain a reversal of the judgment, because either finding alone is sufficient support therefor. On the first of these issues the court charged the jury ■as follows:

“The construction there is said to be faulty. Of course in ■determining the question whether or not it is faulty, you must ■consider all…

2Cases cited29 opinions

  1. Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
  2. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  3. Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
  4. Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
  5. Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895

24 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. District of Columbia v. BarriteauDistrict of Columbia Court of Appeals · 1979
  2. Jackson v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1938
  3. Deborah Linnell and George H. Linnell v. Angelyn Alexander SloanCourt of Appeals for the Fourth Circuit · 1980
  4. Hellweg v. Chesapeake & Potomac Telephone Co.Court of Appeals for the D.C. Circuit · 1940
  5. Evening Star Newspaper Company v. GrayDistrict of Columbia Court of Appeals · 1962

7 more not listed; retrieve them via the Exa API.

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