Legal Opinion

Chesapeake Beach Railway Co. v. Brez

Court of Appeals for the D.C. Circuit

Decided May 30, 1912No. 2281PublishedCited by 4 opinions

Hearing on an appeal from a judgment entered by the Supreme Court of the District of Columbia on a verdict rendered by a jury against the appellants in an action to recover damages for the accidental killing of the appellee’s intestate. The Court in the opinion stated the facts as follows: On August 12, 1908, Coleman Brez was killed while riding as a passenger on a scenic railway at 'Chesapeake Beach, in Calvert county, Maryland.

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Hearing on an appeal from a judgment entered by the Supreme Court of the District of Columbia on a verdict rendered by a jury against the appellants in an action to recover damages for the accidental killing of the appellee’s intestate. The Court in the opinion stated the facts as follows: On August 12, 1908, Coleman Brez was killed while riding as a passenger on a scenic railway at 'Chesapeake Beach, in Calvert county, Maryland. He was forty-six years of age, and died intestate, leaving a widow, Nay Brez, and six children, the youngest of whom was a daughter twelve years of age. The estate…

1Opinion of the CourtChief Justice Shepard

The fundamental questions presented by the record arise on *69assignments of error relating to exceptions taken to tbe refusal of the court to direct a verdict for the defendants.

1. Assuming, for the time being, that both defendant corporations are responsible for the operation of the cars on the scenic railway, the first question is whether there was sufficient evidence to warrant the submission of the issue of negligence to the jury. “The provinces of the court and jury in the Federal judiciary system are separate and distinct, and the line of division between them must be carefully observed.…

2Cases cited8 opinions

  1. Graves v. United StatesSupreme Court of the United States · 1893
  2. San Juan Light & Transit Co. v. RequenaSupreme Court of the United States · 1912
  3. Runkle v. BurnhamSupreme Court of the United States · 1894
  4. Barrett v. Lake Ontario Beach Improvement Co.New York Court of Appeals · 1903
  5. Thompson v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898

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

3Cited by4 opinions

  1. Betty Joe Bowman v. Redding & Co., Inc.Court of Appeals for the D.C. Circuit · 1971
  2. Krupsaw v. W. T. Cowan, Inc.District of Columbia Court of Appeals · 1948
  3. Harry v. Safeway Stores, Inc.District Court, District of Columbia · 1963
  4. Betty Joe Bowman v. Redding & Co., Inc.Court of Appeals for the D.C. Circuit · 1971

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