Washington-Virginia Railway Co. v. Himelright
District of Columbia Court of Appeals
Hearing, on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia in favor of the plaintiff in an action to recover damages for personal injuries. The Court in the opinion stated the facts as follows': This is an appeal from a judgment for the plaintiff, Harry Himelright, in the supreme court of the District in an action against the defendant for personal injury.
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Hearing, on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia in favor of the plaintiff in an action to recover damages for personal injuries. The Court in the opinion stated the facts as follows': This is an appeal from a judgment for the plaintiff, Harry Himelright, in the supreme court of the District in an action against the defendant for personal injury. The declaration alleged, among other things, that the defendant Washington-Virginia Railway Company, on the 15th of July, 1912, operated an electric railway along Fourteenth street, S. W., in…
1Opinion of the CourtJustice Robb
The declaration is sufficient. It sets forth with reasonable certainty the duty of the defendant railway company, the breach of that duty, and the time, place, and circumstances surrounding such breach. Moreover, the trial was upon the amended declaration, to which no objection was interposed.
There was no error in overruling the motions for a directed verdict. The plaintiff was not a trespasser, and the evidence introduced by him clearly tended to show that he was in the exercise of due care at the time of the accident. That the place was well lighted is apparent from the defendant’s as well…
2Cases cited8 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- Richmond Traction Co. v. Martin's AdministratorSupreme Court of Virginia · 1903
- Elliott v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1910
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3Cited by2 opinions
- Simmonds v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1945
- MacDonald ex rel. Emmco Ins. Co. v. Capital Transit Co.District of Columbia Court of Appeals · 1943